Court dismisses suit against Yobe APC governorship candidate

The Federal High Court in Damaturu, Yobe State, has dismissed a suit filed by Mustapha Maihaja challenging the emergence of Baba Wali as the All Progressives Congress governorship candidate for the 2027 general election.

Maihaja, who contested the APC governorship primary held on May 21, 2026, approached the court to challenge the outcome of the exercise, alleging irregularities, including over-voting and violations of the party’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.

The judge held that the case was instituted outside the constitutionally prescribed time limit.

In her ruling, Justice Amin said, “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 court also considered the allegations against the primary election and held that Maihaja failed to provide credible evidence to substantiate his claim 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,” the judge said.

Justice Amin identified material contradictions and inconsistencies in the testimonies of the plaintiff’s witnesses, describing their evidence as unreliable and insufficient to establish the allegations.

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She said, “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.”

The judge further held that even if the suit had been filed within the legally prescribed period, it would still have failed on its merits because Maihaja could not prove the allegation of over-voting.

“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.

Wali emerged as the APC governorship candidate after polling 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 matter.

Abdullahi said, “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.”

The judgment effectively brings Maihaja’s legal challenge to Wali’s emergence as the APC governorship candidate to an end ahead of the 2027 general election.