The Federal High Court in Abuja has struck out a suit filed by Sen. Ifeanyi Araraume challenging the recognition of Sen. Patrick Ndubueze as the All Progressives Congress (APC) candidate for the 2027 Imo North Senatorial District election.
Justice Salim Ibrahim, in a judgment delivered on Aug. 26, held that the court lacked jurisdiction to entertain the suit because a similar case involving the same subject matter had already been determined by a court of coordinate jurisdiction.
The judge upheld a preliminary objection filed by Ndubueze and described Araraume’s suit as an abuse of court process. The certified true copy of the judgment was sighted on Friday.
Araraume, in the suit marked FHC/ABJ/CS/1569/2026, had sued the APC, Ndubueze and the Independent National Electoral Commission (INEC) over the dispute concerning the valid candidate for the Imo North senatorial seat.
The former lawmaker asked the court to order INEC to recognize and publish his name as the APC candidate for the district in the 2027 general elections.
He also sought an injunction restraining Ndubueze from presenting himself as the party’s candidate.
In addition, Araraume’s counsel, George Ibrahim, SAN, asked the court to set aside the alleged uploading of Ndubueze’s name on INEC’s portal on July 11 as the APC candidate for the district. He further sought an order directing the commission to upload his name instead.
Araraume’s originating summons was filed pursuant to Sections 6(6)(a) and (b) of the 1999 Constitution, Sections 84(1) and 88(2) of the Electoral Act 2026, and Articles 20(ii)(a) and (iii) of the APC Constitution.
Ndubueze, however, opposed the suit through a preliminary objection filed by his counsel, Prof. Paul Ananaba, SAN.
He urged the court to dismiss the case, arguing that it constituted a gross abuse of court process.
Alternatively, he asked the court to strike out the suit for want of jurisdiction.
Ndubueze argued that the dispute over the APC primary election conducted on May 18 had already been determined by the Federal High Court in Owerri on June 25 in another suit.
INEC, in an affidavit of facts and written address filed by its counsel, Johnson Usman, SAN, said it would abide by the court’s decision.
Usman explained that under the prevailing nomination arrangement, political parties upload the particulars of their candidates through access provided by the commission.
He said the APC uploaded Ndubueze’s name on July 11 and that the name remained on INEC’s portal as of the date of the hearing.
In his judgment, Justice Ibrahim said the court was required to consider the preliminary objection before determining the substantive suit, in line with established Supreme Court decisions.
He agreed with Ndubueze that the suit before him and the earlier case at the Owerri Division of the Federal High Court concerned the same subject matter.
The judge said an allegedly erroneous judgment remained valid until it was set aside by an appellate court with the requisite jurisdiction.
Justice Ibrahim noted that the Abuja court, being of coordinate jurisdiction with the Owerri Division, was bound to respect the subsisting judgment.
He consequently held that the court lacked jurisdiction to entertain Araraume’s substantive suit and that the appropriate order was to strike it out.
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“An allegedly erroneous judgment is not thereby rendered nonexistent. Until set aside by a court invested with appellate authority, it remains a subsisting judicial determination which a court of coordinate jurisdiction is bound to respect,” he said.
The judge further held that the suit amounted to a gross abuse of court process, citing the subsisting judgment delivered by Justice I.N. Owoibo of the Federal High Court, Owerri Division, on June 25, 2026, in Suit No. FHC/OW/CS/70/2026.
Justice Ibrahim therefore sustained Ndubueze’s preliminary objection and struck out Suit No. FHC/ABJ/CS/1569/2026. The court made no order as to costs.
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