-
Federal High Court in Abuja nullifies Senator Sunday Karimi’s emergence as APC candidate for Kogi West in the 2027 general election.
-
Justice Salim Ibrahim declares Sam Aro winner of the valid primary, holding that the exercise was conducted by the APC National Working Committee and monitored by INEC.
-
Court orders APC to submit Aro’s name to INEC and directs the electoral commission to publish him as the party’s lawful candidate.
-
Karimi, APC and INEC had challenged the suit, arguing that it was filed outside the constitutionally prescribed 14-day period.
November 04, (THEWILL) – The Federal High Court in Abuja has nullified the emergence of Senator Sunday Karimi as the All Progressives Congress (APC) candidate for Kogi West Senatorial District in the 2027 general election, declaring Sam Aro the party’s duly elected candidate.
Justice Salim Ibrahim, in a judgment delivered on Wednesday, held that the primary election won by Aro was a valid exercise, having been conducted by the APC National Working Committee (NWC) Election Committee and monitored by the Independent National Electoral Commission (INEC).
The judge consequently invalidated the purported primary that produced Karimi, ruling that the exercise was not monitored by INEC as required by the Electoral Act.
He ordered Karimi to stop parading himself as the APC candidate for the senatorial district and directed the party to immediately forward Aro’s name to INEC as its nominee for the 2027 election.
The court also ordered INEC to publish Aro’s name as the lawful APC candidate for Kogi West Senatorial District.
Justice Ibrahim held that Aro had established his case through the evidence presented before the court and was entitled to all the reliefs sought.
Court Faults Primary That Produced Karimi
Explaining the decision, Justice Ibrahim said the evidence before the court showed that the primary won by Aro was conducted by the APC National Working Committee’s Election Committee and monitored by INEC.
He, however, found that the purported primary allegedly won by Karimi was not monitored by the electoral commission and was therefore invalid.
The judge also observed that INEC did not have the official record of the results of the election Karimi claimed to have won.
Justice Ibrahim noted that the commission did not issue a certified true copy of the purported results despite an application by Karimi through a letter dated June 15, 2026.
He referred to Karimi’s Exhibit 7b in support of the finding, noting that the absence of the electoral commission’s record further reinforced the conclusion that the exercise was not monitored.
“There is no gainsaying that the purported primary that produced the 2nd defendant was not monitored by the 3rd defendant as required by the Electoral Act and therefore, invalid,” the judge held.
Justice Ibrahim relied on Sections 84(1) and (12) of the Electoral Act, 2022, which he said made it mandatory for INEC to monitor the primaries of registered political parties.
According to him, a party primary conducted without the required monitoring would ordinarily be regarded as invalid.
He further held that the aspirant who secured the highest number of votes at a valid party primary must be declared the winner and issued the appropriate INEC nomination form for onward submission to the commission.
“The law is trite that it is the aspirant who emerged at the end of the primaries with the highest number of votes that shall be declared the winner of the primaries of the party and the aspirant shall be issued with INEC Form EC9 which shall be forwarded to INEC as the candidate of the party,” he said.
READ ALSO:
Defendants Challenge Suit Over Filing Deadline
The judgment followed a legal battle instituted by Aro, who approached the court to challenge the APC’s decision to submit Karimi’s name to INEC after the party’s senatorial primary conducted on May 18, 2026.
The suit named the APC, Karimi and INEC as first, second and third defendants, respectively.
Aro had asked the court to declare him the winner of the primary and set aside the party’s subsequent submission of Karimi’s name as its candidate for Kogi West.
The case was initially filed at the Federal High Court in Lokoja but was later transferred to the Abuja division on security grounds.
During the proceedings, counsel to Karimi, John Olusola Baiyeshea, SAN; counsel to INEC, Dayo Akinlaja, SAN; and counsel to the APC, A.G. Ivom, challenged the competence of the suit and urged the court to dismiss it for being statute-barred.
Baiyeshea argued that the APC primary was conducted on May 18, while Karimi’s name was submitted to INEC on June 29, 2026.
He contended that Aro instituted the suit in late July, outside the 14 days stipulated under Section 285(9) of the 1999 Constitution, as amended, for filing pre-election cases.
The lawyer maintained that the period for instituting the action should be calculated from the date of the event that gave rise to the dispute, arguing that the plaintiff had failed to comply with the constitutional timeline.
He also questioned the authenticity of the results presented by Aro, alleging discrepancies in the documents, including the inclusion of some results from President Bola Tinubu’s presidential election.
Baiyeshea further alleged that the APC had disowned the results presented by Aro and claimed that the plaintiff had withdrawn from the primary process before the election.
Counsel to the APC, Ivom, also challenged the evidence presented by the plaintiff, arguing that the party, rather than INEC, was responsible for compiling the primary election results.
He maintained that INEC merely monitored the exercise and prepared reports on it, insisting that the evidence before the court did not establish that Aro won the primary.
INEC’s lawyer, Akinlaja, similarly urged the court to dismiss the suit on grounds of limitation.
However, Aro’s counsel, Johnson Usman, SAN, faulted the defendants’ arguments, insisting that the evidence, including results obtained from INEC, established that his client won the primary.
Usman maintained that the discrepancy involving the inclusion of presidential election figures was an error that did not invalidate his client’s case. He urged the court to declare Aro the winner and direct INEC to publish his name as the APC candidate for Kogi West.
Karimi Rejects Judgment, Indicates Appeal
Following the judgment, Karimi rejected the court’s decision and indicated his intention to challenge it at the Court of Appeal.
The senator disputed the findings on the primary election and the legal arguments surrounding the suit, maintaining that he would pursue redress through the appellate process.
Aro, on his part, welcomed the judgment and appealed for reconciliation within the party, extending an olive branch to Karimi and urging supporters to avoid provocation.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
