The Federal High Court in Abuja has scheduled 2 November to deliver judgment in a legal challenge against the emergence of former Cross River State Governor Donald Duke as the presidential candidate of the Peoples Redemption Party (PRP) for the 2027 general elections. Justice Mohammed Umar fixed the date after all parties adopted their respective processes in the case.
Parties and Representation
Abdullahi Muhammad appeared for the plaintiff, Yakubu Kingsley, while Noah Abdul represented Mr Duke and the PRP. Azubuike Ogochukwu appeared for the Independent National Electoral Commission (INEC), the third defendant in the suit. Mr Kingsley, a presidential aspirant on the PRP platform, instituted the case following Duke's victory in the party's primary election held on 25 May, with results announced on 26 May.
Allegations of Overvoting and Ineligibility
In his suit filed on 10 June, Mr Kingsley urged the court to declare the primary election invalid due to overvoting in states including Bauchi, Gombe, and Kwara. He also sought a declaration that Mr Duke was ineligible to contest because he was not a member of the PRP as of 4 May, when the party's membership register was submitted to INEC. Additionally, Mr Kingsley argued that Mr Duke ought not to have been cleared for the primary election because he failed to physically present himself for screening at the party's national secretariat, violating party guidelines.
The plaintiff further prayed for an order setting aside the results of the primary election in the three states due to overvoting and sought a declaration that he, Yakubu Kingsley, is the rightful presidential candidate of the PRP, having complied with all party guidelines and being a registered member. He also requested an order directing INEC not to recognise Mr Duke as the party's flagbearer and to delete his name from the commission's database, while recognising Mr Kingsley instead.
Preliminary Objection on Jurisdiction
Mr Duke and the PRP, through their lawyer Noah Abdul, filed a preliminary objection on 23 June challenging the court's jurisdiction to hear the case. Citing seven grounds, Mr Abdul argued that the suit is a pre-election matter under Section 285(14)(a) of the Nigerian Constitution and must be filed within 14 days of the cause of action. According to Mr Abdul, the cause of action arose on 26 May, when the primary election result was declared, meaning the suit filed on 11 June was 17 days after the event and therefore statute-barred.
“The instant suit was filed outside the mandatory 14-days period stipulated by Section 285(9) of the constitution, and therefore statute-barred,” Mr Abdul stated. He emphasised that the 14-day period is jurisdictional and cannot be extended or waived by the court or parties.
Additionally, Mr Abdul argued that issues of political party membership are strictly domestic affairs and not justiciable. “The court has no jurisdiction to determine who the members of a political party are. It is not a justiciable question,” he said.
INEC's Position
INEC, in its response, stated that its officers only observed the PRP primary election and did not participate in the accreditation of delegates, voting, collation, or declaration of the winner. The commission emphasised that the responsibility for conducting and declaring the outcome rested solely on PRP officials.
“The officials of the third defendant merely observed the conduct of the exercise in accordance with the provisions of the Electoral Act,” INEC said, noting that it was not in a position to include or exclude results from any ward or local government area. The commission added that it could only act upon a candidate's name validly submitted by the political party in line with the Electoral Act.
“The third defendant remains a neutral arbiter in the primary election. The third defendant is bound to accept the returned candidate of any election that is fair, free and credible as the winner of the election,” INEC stated, underscoring its commitment to process integrity.
Next Steps
With all processes adopted, Justice Umar adjourned the matter until 2 November for judgment. The outcome will determine whether Donald Duke remains the PRP presidential candidate for the 2027 elections or if Yakubu Kingsley will be declared the party's flagbearer.
