COURT DISMISSES MAIHAJA'S SUIT AGAINST YOBE APC GOVERNORSHIP PRIMARY

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By ‘Balogun Ibrahim

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

Maihaja, who participated in the APC governorship primary conducted on May 21, 2026, had approached the court to contest the outcome, alleging irregularities, including over-voting and breaches of the party’s electoral guidelines.

However, 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 filed outside the time limit stipulated by the Constitution, thereby depriving the court of jurisdiction to entertain it.

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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 examined the allegations of irregularities during the primary election and concluded that Maihaja failed to present credible evidence to establish 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 stated.

Justice Amin further identified significant contradictions and inconsistencies in the testimonies of the plaintiff’s witnesses, describing their evidence as unreliable and insufficient to justify 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.

The judge added that even if the suit had been filed within the legally prescribed period, it would still have failed because the plaintiff did not substantiate his 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 ruled.

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, praised the court for its handling of the case and reaffirmed 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 ruling effectively ends Maihaja’s legal challenge to Wali’s emergence as the APC governorship candidate ahead of the 2027 general election.