The Federal High Court in Abuja has dismissed a suit seeking to nullify the emergence of former Cross River State Governor, Donald Duke, as the presidential candidate of the Peoples Redemption Party (PRP) for the 2027 general elections.
Justice Mohammed Umar, in his judgment on Wednesday, held that the suit, marked FHC/ABJ/CS/1234/2026 and filed by an aggrieved PRP presidential aspirant, Yakubu Kingsley, was statute-barred.
The judge upheld the preliminary objections filed by Duke and the PRP challenging the competence of the suit.
Justice Umar held that the case, being a pre-election matter, was filed outside the timeframe stipulated by the Constitution.
He said the suit was filed on June 10, 16 days after the results of the PRP presidential primary conducted on May 25 were made public.
The judge rejected Kingsley’s argument that the 14-day period for filing pre-election cases should begin from June 6, when the party’s appeal committee communicated its decision rejecting his appeal.
Justice Umar consequently declined jurisdiction, holding that the suit, having been found to be statute-barred, could not be heard and determined by the court.
The judge, however, proceeded to consider the substantive issues and also dismissed the suit on the grounds that Kingsley failed to prove his case.
Kingsley had argued that Duke was not qualified to emerge as the PRP’s presidential candidate because he was allegedly not a registered member of the party when the PRP submitted its membership register to the Independent National Electoral Commission (INEC) on May 4.
But Justice Umar held that membership of a political party is an internal affair of the party and is non-justiciable, adding that the court lacked jurisdiction over the issue.
The judge also rejected Kingsley’s claim that Duke failed to comply with the party’s guidelines and was ineligible to participate in the primary because he allegedly did not appear physically for screening at the PRP’s national secretariat.
Justice Umar noted that although Kingsley referred to the party’s guidelines which he claimed Duke violated, he failed to produce the guidelines before the court.
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The judge further dismissed Kingsley’s allegation of over-voting in Bauchi, Kwara and Gombe states, holding that he failed to provide sufficient evidence to establish the claim as required by law.
Kingsley had asked the court to determine whether Duke was validly returned as the PRP’s presidential candidate at the May 25 primary, despite the alleged membership irregularity.
He also sought an order declaring Duke ineligible to contest the primary, setting aside the results from Bauchi, Gombe and Kwara states over alleged over-voting, and declaring him the party’s presidential candidate.
The plaintiff further asked the court to direct INEC not to recognise Duke as the PRP’s presidential candidate for the 2027 elections and instead recognise him as the party’s flagbearer.
