The Federal High Court in Abuja on Tuesday adjourned a suit seeking to void the emeregence of former Gov. Donald Duke of Cross Rivers as presidential candidate of the People’s Redemption Party (PRP) for the 2027 general elections, until July 16 for hearing.
Justice Mohammed Umar fixed the date after the plaintiff’s lawyer, Felix Ipogah, sought an adjournment to enable them serve the 1st and 2nd defendants with a counter affidavit to their joint preliminary objection.
An aggrieved aspirant, Dr Yakubu Kingsley, has filed the suit to challenge the emergence of ex-Gov. Duke as presidential candidate of PRP.
Kingsley, through his lawyer, D.A. Sulyman, had sued PRP, Duke and Independent National Electoral Commission (INEC) as 1st to 3rd defendants respectively.
When the case was called on Tuesday, Ipogah informed the court that the matter was scheduled for hearing.
He said that the plaintiff had filed a counter affidavit to the preliminary objection of the 1st and 2nd defendants (PRP and Duke) in the suit.
The lawyer, however, told the court that he had not been able to serve the process on the defendants and applied for an adjournment.
Nuel Akaputu, who appeared for 1st and 2nd defendants, and Azubuike Ugochukwu, who represented INEC, did not oppose the application and the judge adjourned the case until July 16 for hearing.
NAN observes that former Gov. Duke was also in court.
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, 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.
But in a preliminary objection jointly filed by PRP and Duke, the defendants challenged the jurisdiction of the court to hear the suit.
They prayed the court to dismiss the suit for want of jurisdiction.