By Segun Ade-
A bitter legal battle has erupted over the conduct of primary elections in Nigeria’s Kano State, with five aggrieved aspirants asking the Federal High Court to nullify the New Democratic Congress (NDC)’s candidate selection process, arguing that it was marred by serious breaches of electoral law and party rules.
Leading the lawsuit is Huaibu Abubakar, the Labour Party candidate who finished second runner-up in the 2023 House of Representatives election for the Fagge Federal Constituency. Abubakar, alongside governorship aspirant Mukhtar Muhammad and fellow plaintiffs Mustapha Fanandas, Musa Yusuf and Mahfuz Yahuza, is challenging the legitimacy of the NDC primaries held on 28 May.The plaintiffs are seeking orders invalidating the party’s entire primary exercise across Kano State and preventing Nigeria’s Independent National Electoral Commission (INEC) from recognising any candidates produced through what they describe as an unlawful process.
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One of the most immediate targets of the lawsuit is Aminu Suleiman, whose nomination as the NDC’s candidate for the Fagge Federal Constituency is being challenged. Suleiman previously contested the same constituency under the ruling All Progressives Congress (APC) during the 2023 general election, where he finished third behind Abubakar before later joining the NDC.
The case, filed before the Federal High Court in Kano by lawyer Moses Falana of Nayara Legal Consult, alleges widespread violations of the Electoral Act 2026, the NDC’s constitution and the party’s official guidelines governing the nomination process.
According to court documents, the plaintiffs argue that the party improperly delegated the sale and distribution of its Expression of Interest and Nomination Forms to a single individual in Kano State. They contend that this arrangement effectively allowed one party member to determine which aspirants could obtain nomination forms and participate in the primaries, undermining the transparency and fairness required under both party rules and national electoral law.
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The suit argues that the decision deprived qualified aspirants of equal access to contest for positions, including the governorship, House of Representatives and State House of Assembly seats covering the Fagge, Tarauni and Gwale constituencies.
Beyond the issue of nomination forms, the plaintiffs maintain that the primary elections themselves failed to satisfy the minimum legal requirements for a valid internal party contest. They allege there was no proper accreditation of delegates, no lawful voting process, no transparent counting of ballots and no formal collation of results.
“The party breached its constitutional and statutory obligations by denying us an equal opportunity to contest and failing to provide a level playing field for all aspirants,” the plaintiffs state in their court filings.
Under Nigeria’s electoral framework, political parties are required to conduct primary elections before general elections to democratically select their candidates. Depending on the party’s chosen method, delegates or registered party members vote to determine who will represent the party in each constituency.
The process is expected to comply with the Electoral Act, party constitutions and guidelines, with equal access for eligible aspirants and transparent procedures governing nominations, accreditation, voting and the declaration of results. Failure to comply with these requirements can expose parties to legal challenges from dissatisfied aspirants.
The plaintiffs are asking the court to declare the entire 28 May primary elections conducted by the NDC across Kano State null and void. They are also seeking an order setting aside the certificate issued to Suleiman as the party’s flagbearer for the Fagge Federal Constituency and an injunction preventing him from presenting himself as the party’s candidate.
In addition, the lawsuit seeks a perpetual injunction restraining INEC from accepting, publishing or recognising any candidates produced through the disputed primaries. The plaintiffs are also requesting that the NDC be ordered to conduct fresh primary elections in full compliance with electoral laws and party regulations.
Abubakar, the lead plaintiff, is further seeking a refund of the ₦2 million (around US$1,300) paid for his Expression of Interest and Nomination Form, as well as ₦200 million in general and exemplary damages for what he describes as breach of contract and his unlawful exclusion from the nomination process. Election-related disputes over party primaries are a familiar feature of Nigeria’s political landscape and often account for a significant share of pre-election litigation. Nigerian courts have repeatedly ruled on whether parties complied with statutory requirements and their own constitutions when selecting candidates.
While the judiciary generally provides a detailed legal examination of such cases, proceedings can be prolonged by multiple appeals and the country’s congested court system. Although electoral matters are typically given priority because of constitutional timelines leading up to elections, some disputes are not finally resolved until after candidates have already contested polls, underscoring the challenges of balancing judicial thoroughness with the urgency of the electoral calendar.
The outcome of the Kano case could therefore prove significant, not only for the NDC’s candidates in the state but also for the wider integrity of the party’s internal democratic processes ahead of future elections.
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