Former Gov. Donald Duke of Cross River has challenged the jurisdiction of the Federal High Court in Abuja to hear a suit seeking an order nullifying his emergence as People’s Redemption Party (PRP)’s presidential candidate for the 2027 general elections.
Duke, in a preliminary objection, prayed Justice Mohammad Umar to dismiss the suit for lack of jurisdiction.
The News Agency of Nigeria (NAN) reports that Justice Umar had, on June 22, fixed today for hearing of the suit filed by an aggrieved aspirant, Dr Yakubu Kingsley, against Duke’s emergence as PRP’s presidential candidate in the May 25 primary election.
When the case was called on Monday, only Kingsley’s lawyer, Felix Ipogah, was in court.
Ipogah informed the court that the matter was scheduled for hearing of their motion ex-parte for substituted service of court processes on Duke, who is the 2nd defendant in the suit.
“However, we are applying to withdraw same as event has overtaken that,” he said.
The lawyer told the court that Duke, who they had planned to serve by substituted means, had filed a preliminary objection and a counter affidavit.
Ipogah then applied that the ex-parte motion, dated June 23 but filed June 24, be struck out and the judge granted the prayer.
The lawyer therefore sought an adjournment to enable them respond to Duke’s processes.
Justice Umar, who adjourned the matter until July 7 for hearing, ordered that hearing notices be issued and served on all the defendants, including the Independent National Electoral Commission (INEC).
The judge also ordered that all the parties must filed their processes before the next adjourned date.
NAN reports that Kingsley, the claimant, had sued PRP, the former governor and INEC as 1st to 3rd defendants respectively.
Kingsley, in the suit marked: FHC/ABJ/CS/1234/2026 and filed by D.A. Sulyman, sought three questions for determination in the originating summons filed on June 10.
The plaintiff wants the court to determine whether Duke was dully returned as the presidential candidate of PRP in the May 25 primary election, in which its results was declared on the May 26, having not been a registered member of the party as at May 4, when the PRP’s membership register was submitted to INEC.
“Whether over voting in states like Bauchi, where the registered members of the 1st defendant in its membership database is 593 and the total votes cast was 760, in Gombe State the registered member was 348 and the votes cast was 1,431 and in Kwara State, the registered members is 55 while the vote cast was 82 votes, will not call for the nullification of the said primary election.”
He, therefore, sought a declaration that the ex-govenor, not been a registered member of PRP, cannot participate in the party’s primary election held on May 25 where he was declared the winner on May 26.
He sought a declaration that Duke ought not to have been cleared for the presidential primary election contest, having not complied with the guidelines of the party to physically present for the screening at its national secretariat.
Kingsley, therefore, prayed the court for an order setting aside the results of the presidential election conducted in Bauchi, Gombe and Kwara respectively on the ground of over voting.
He sought an order declaring him as the presidential candidate of PRP for 2027 general elections, having complied with all the party’s guidelines and been a registered member of the party.
He also sought an order directing the commission not to recognise Duke as PRP’s presidential flagbearer or to delete his name from its database as the presidential candidate of the party.
The plaintiff further sought an order directing the electoral umpire to recognise him as PRP’s presidential candidate.
In the affidavit in support of the suit deposed to by Kingsley himself, the aggrieved aspirant said he is a registered member of PRP with membership card number: 2A8D8B20B2.
The plaintiff, who described himself as a “politician,” said he is of Auchi III Ward, Etsako West Local Government Area of Edo State, but presently in Abuja, FCT,.
He averred on oath that Duke was not a dully member of PRP as at May 4 when the membership register of the party was submitted to INEC.
He said he validly purchased the party’s Expression of Interest Form and Nomination Form for the office of president of the Federal Republic of Nigeria and paid a total sum of N20 million to the party.
But Duke and PRP, in the preliminary objection jointly filed June 23 by their lawyer, Noah Abdul, challenged the jurisdiction of the court to hear the case.
Giving seven grounds why their application should be granted, Abdul argued that Kingsley’s suit “as constituted is purportedly a pre-election matter within the meaning of Section 285(14) (a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
The lawyer submitted thay by Section 285(9) of the constitution, every pre-election matter ought to have been filed not later than 14 days from the date of the occurrence of the event, decision or action complained of.
According to him, the cause of action in this suit arose on 26 May, 2026, being the day the result of presidential primary election of the 1st defendant was declared.
He, however, said that the instant suit was filed on June 11, 17 days after the accrual of the cause of action.
“The instant suit was filed outside the mandatory 14-days period stipulated by Section 285(9) of the constitution, and therefore statute-barred.
“The 14-days period under Section 285(9) is jurisdictional and cannot be extended or enlarged by the court or waived by parties,” he said.
Abdul argued that issues relating to membership of a political party, as is the instant case, is a matter strictly within the domestic affairs of a political party.
He said the court has no jurisdiction to determine who the members of a political party are.
“It is not a justiciable question,” he said.