Court dismisses suit challenging emergence of Yobe APC governorship candidate
by Moronfolu Adeyemi · The Eagle OnlineThe Federal High Court in Damaturu, Yobe State, has dismissed a suit challenging the emergence of Baba Wali as the All Progressives Congress (APC) governorship candidate for the 2027 general election.
The suit was filed by Mustapha Maihaja, who contested the party’s governorship primary held on May 21, 2026, and questioned the outcome over alleged irregularities, including over-voting and breaches of the APC’s electoral guidelines.
Delivering judgment on Monday, Justice Fatima Amin upheld a preliminary objection challenging the competence of the suit, ruling that it was statute-barred because it was filed outside the constitutionally prescribed timeframe.
“The suit was not instituted within the time prescribed by the Constitution. Consequently, this court lacks the jurisdiction to entertain the matter, as the action is statute-barred,” the judge ruled.
The court also examined Maihaja’s allegations against the conduct of the primary election but held that he failed to present credible evidence to establish claims of over-voting.
“The plaintiff has failed to place credible and convincing evidence before this court to establish the allegation of over-voting. Allegations, no matter how weighty, must be supported by credible evidence,” Amin said.
The judge further identified material contradictions and inconsistencies in the testimonies of the plaintiff’s witnesses, describing their evidence as unreliable and insufficient to support the reliefs sought.
“There are material contradictions and inconsistencies in the evidence of the plaintiff’s witnesses.
“These inconsistencies have affected the credibility of their testimonies, and this court cannot rely on such evidence to grant the reliefs sought,” she said.
Justice Amin added that Maihaja would still have lost the case on its merits even if it had been instituted within the legally prescribed period, because the allegation of over-voting was not established.
“Even if this action had been commenced within the time prescribed by law, the plaintiff would still not have succeeded, having failed to prove the allegations of over-voting against the conduct of the primary election,” she held.
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Wali emerged as the APC governorship candidate after securing 236,711 votes in the May 21 primary election.
Reacting to the judgment, Wali’s Press Secretary, Shuaibu Abdullahi, commended the court for its handling of the case and expressed confidence in the judiciary.
“We commend the court for its painstaking consideration of the issues and reaffirm our confidence in the judiciary as the ultimate guardian of justice and the rule of law,” Abdullahi said.
The judgment dismisses Maihaja’s legal challenge to Wali’s emergence as the APC governorship candidate ahead of the 2027 general election.
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