The Federal High Court in Abuja on Thursday fixed July 20 for hearing of a suit filed by an aggrieved aspirant, Hassan Kafayos, against Sen. Ahmad Lawan, the former Senate President.
Kafayos, in the suit, sought an order of the court voiding the All Progressives Congress (APC)’s Yobe North Senatorial District primary election held on May 18 which produced Lawan as its candidate.
Justice Salim Ibrahim fixed the date after counsel to the claimant, Francis Mgboh, informed the court of their inability to effect service of the court processes on two of the defendants.
Kafayos, in the originating summons, had sued APC, Prof. Nentawe Yilwatda, the APC’s National Chairman; Sen. Lawan and Independent National Electoral Commission (INEC) as 1st to 4th defendants respectively.
Earlier when the case was called, only Mgboh and APC’s lawyer, Adedayo Adedeji, SAN, were in court.
No lawyer, however, appeared for Prof. Yilwatda, Lawan and INEC.
Mgboh informed the court that the case was fixed for mention.
He said the bailiff intimated them that that he had been able to serve all except the 3rd defendant (Lawan).
He said the bailiff told them that he served the 1st and 2nd defendants (APC and Yilwatda) same day.
According to him, the 3rd defendant has been evasive.
When the judge asked why he said this, the lawyer said: “The 3rd defendant has never been on sit because the bailiff said he had been there several times.”
Mgboh said in view of the development, a motion ex-parte for substituted service was filed.
Responding, Adedeji said on his part, he only had the instruction to represent the 1st defendant (APC).
The senior lawyer said though Mgboh stated that the 1st and 2nd defendants were served same date, he said such court processes ought to be served personally.
Besides, he said the law also provided how such documents could be properly served on the 2nd defendant.
According to him, this can be done by way of substituted service.
Mgboh then prayed the court to allow him to use the motion ex-parte already prepared for Lawan to also include Yilwatda’s name.
But the judge declined and directed the lawyer to do the needful by filing another formal ex-parte motion for Yilwatda.
Mgboh then sought an adjournment to enable him file another ex-parte motion for an order of substituted service on APC’s national chairman.
Justice Ibrahim subsequently fixed June 29 for hearing of the motions ex-parte to serve Yilwatda and Lawan by substituted service.
The judge, who adjourned the substantive suit until July 20, ordered all parties to file and serve their processes before the next adjourned date.
Kafayos, in the originating summons filed on May 29 by Mgboh, sought four reliefs.
The aggreived aspirant sought a declaration that the deliberate exclusion or suppression of his lawful participation, a financial member of APC, as aspirant in the May 18 Yobe North Senatorial District primary election by the 1st and 2nd defendants without any reasonable cause contained in the 1999 Constitution (as amended) constitutes a breach of his right of freedom from discrimination.
He said this is guaranteed by Section 42 of the 1999 Constitution.
He said the defendants’ action breached Sections 84, 85, 86 and 87 of the Electoral Act, 2026 and also violated the party’s guidelines as provided for in Articles 2, 9.3 and 20 of the APC’s constitution not to undermine democratic procedures or principle in the internal affairs of the party.
The claimant, therefore, sought an order of injunction restraining APC and Yilwatda from forwarding Lawan’s name to INEC as consensus candidate of the party to have been lawfully nominated as candidate for Yobe North Senatorial District.
He also sought an order restraining INEC from accepting or publishing Lawan’s name “over the flawed primary election of the 1st defendant for Yobe North Senatorial District primary election that took place on the 18th of May, 2026.”
He equally sought an order, compelling the 1st, 2nd and 4th defendants to conduct a fresh primary election for the senatorial district or to recognise him as the duly nominated candidate of the party in the primary election for him to represent the party for the forthcoming general election to be conducted by INEC in the country.
Kafayos further prayed the court for an order directing APC, Yilwatda and Lawan to jointly and severally pay him the sum of N50 million as aggravated and exemplary damages for his wrongful exclusion as aspirant in the primary poll contrary to statutory provision, Electoral Act, 2026 and the party’s constitution.
Kafayos, in the affidavit he deposed to, said as a financial member of APC vying to represent his people in the 2027 election as senator, he duly indicated his interest by procuring the party’s Expression of Interest (EoI) Form.
He said upon completion of the form, same was duly returned and acknowledged by the party on May 6.
He said subsequently the party organised a screening exercise for all intended aspirant that had successfully submitted their EoI Forms.
He said he was successfully cleared by the APC’s Screening Committee as one of the aspirants for the primary election scheduled for May 18.
According to him, that on the 18th of May, 2026, after waiting for many hours, the election committee of the 1st defendant appeared at the Yobe North Senatorial District primary election venue at Government lodge Gashua Yobe State at approximately about 3.25pm and without any prior notice or negotiation to announce that only the 3rd defendant had been cleared.
He alleged that they informed him that he had been disqualified from the Yobe North Senatorial District primary election of the party contrary to his constitutional right and the provision of the Electoral laws and regulation set out by INEC.
“That I politely requested that they present to me my disqualification letter to show to my overwhelming supporters present at the venue of the election to vote for me but the 1st defendant’s election committee responded that there was no letter at first as the instruction was a verbal directive from the 1st and 2nd defendants that the 3rd defendant is the 1st defendant’s ‘anointed candidate’.”
The claimant said the unprecedented situation caused serious pandemonium among the voters who were fed up with Lawan representing them in the Senate.
He said the voters started chanting his nickname, “Iroko” “Iroko” “Iroko” as their candidate for Senate.
He alleged that members of the electoral committee, with the support of Lawan, used some officers and men of the Nigeria Police Force to fire teargas at the venue of the primary election to disperse the crowd of voters gathered for the direct primary election at Gashua, Yobe.
According to him, I know as a fact that there was no direct primary or consensus election conducted at the designated venue at Gashua, Yobe State on the 18th of May, 2026 since all voters were dispersed by the Nigeria Police Force teargas.
He alleged that he later saw on social media that the committee had left the neutral venue ground at government’s lodge, Gashua scheduled for the election and moved to Lawan’s private residence at Gashua in Yobe where about seven persons affirmed Lawan as APC’s candidate for Yobe North Senatorial District.
He said this was at the detriment of the party’s internal democratic procedures and compliance with the electoral guidelines of INEC.
He said photographs of Lawan’s affirmation by either six or seven persons at his private residence in Gashua on May 18 were copied from his Redmi A5 handset and printed from his HP Laser-Jet P-2015 printer and attached as Exhibits “G”.
The aspirant said he exhausted all efforts by him to seek internal administrative procedure to register his grievances to the party through its state’s Chairman Appeal Committee, Damaturu in Yobe by submitting his complaint in writing dated May 18.
He said the letter was duly acknowledged on May 20.
Besides, he said he equally “forwarded his complaint letter of protest addressed to Mr President and Commander in Chief of Armed Forces, Federal Republic of Nigeria and dully copied same to the 1st defendant and also the 4th defendant.”
According to him, the letters are dated 21st May, 2026 and both letters dully acknowledged on the 25th May, 2026 and marked as “Exhibits I and J.”
He said the action of the party on May 18 was to pave way for Lawan to emerge as consensus or anointed candidate irrespective of the fact that he had overwhelming voters’ support on ground than ex-Senate president.
Kafayos said it would be in the interest of justice to set aside the flawed poll to allow a fresh election as a result of absence of transparency and breach of internal democratic process.
Alternatively, the aggrieved aspirant prayed that INEC should disqualify Lawan and declare him the candidate duly elected for the senatorial district to run on the platform of APC in the forthcoming general election.
“That I depose to this affidavit in good faith believing its contents to be true and correct and in accordance with the Oaths Act,” he said.