The Federal High Court in Abuja has struck out a lawsuit challenging the All Progressives Congress (APC) national congress, ruling that the matter falls strictly within the party’s internal affairs and is therefore not subject to judicial review. Justice Joyce Abdulmalik delivered the ruling on Monday, holding that the court lacked jurisdiction to hear disputes arising from political party congresses and nomination processes, as protected under Section 83(5) of the Electoral Act 2026. According to the court, issues relating to the APC’s internal congress structure, including candidate selection and party administration, are non-justiciable and cannot be adjudicated upon by any court in Nigeria.
Court Declares Lack of Jurisdiction
In her judgment, Justice Abdulmalik emphasized that the subject matter of the suit was clearly rooted in internal party activities. “The dispute pertains to the internal affairs of the APC, which this court has no jurisdiction to entertain,” she stated. Following this position, the court dismissed all other arguments presented in the case, describing them as “academic” and lacking practical relevance once jurisdiction was found wanting.
Background of the Case
The suit was filed by APC aspirant Fubara Dagogo, who alleged that he was unfairly excluded from the party’s national congress process despite fulfilling nomination requirements, including payment for expression of interest and nomination forms. Dagogo had asked the court to nullify the outcome of the APC national congress for the National Vice Chairman (South-South) position, arguing that his exclusion violated fair hearing principles. He also demanded N100 million in damages. He joined the APC and several party officials in the suit, including Nentawe Yilwatda, Victor Giadom, and Sulaiman Muitamma.
APC’s Defence and Preliminary Objection
The APC, through its legal team led by Kayode Okunade, urged the court to dismiss the case, arguing that it was purely an internal political dispute. The defence relied heavily on Section 83(5) of the Electoral Act 2026, which bars courts from interfering in internal party matters such as congresses, primaries, and leadership selection processes. They also argued that the plaintiff failed to exhaust internal dispute resolution mechanisms within the party and lacked legal standing to institute the case.
Court’s Final Decision and Cost Award
After reviewing arguments from both sides, Justice Abdulmalik ruled in favour of the APC and struck out the case in its entirety. The court further imposed a total cost of N20 million against the plaintiff and his counsel—N10 million each—citing the non-justiciable nature of the suit.
Legal Implications
The ruling reinforces the long-standing legal principle that Nigerian courts generally do not interfere in the internal affairs of political parties unless statutory or constitutional breaches are clearly established. It also highlights the judiciary’s continued reliance on Section 83(5) of the Electoral Act 2026 in resolving disputes involving party congresses and nomination processes.
