An ally of the Nigeria Democratic Congress (NDC) presidential candidate, Peter Obi, in Kano State, has sued the party and its state leader, Rabiu Kwankwaso, over the outcome of the primaries.
Mr Kwankwaso is Mr Obi’s running mate for the 2027 presidential election.
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Shuaibu Abubakar, who was the second runner-up in the 2023 House of Representatives election at the Fagge Federal Constituency as the Labour Party (LP) candidate, filed the lawsuit alongside four other aggrieved aspirants.
Mr Abubakar is asking the Federal High Court to invalidate Aminu Suleiman’s nomination as the NDC candidate for the federal constituency.
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Ironically, Mr Suleiman contested the 2023 election under the All Progressives Congress (APC) and finished third behind Mr Abubakar.
Joined by governorship aspirant Mukhtar Muhammad and three others, Mr Abubakar is urging the Federal High Court in Kano to nullify the entire primary elections conducted in Kano State by Mr Kwankwaso and restrain the Independent National Electoral Commission (INEC) from recognising any candidates who emerged from the exercise.
The originating summons was filed by Moses Falana of Nayara Legal Consult on behalf of the five plaintiffs: Mr Abubakar, Mustapha Fanandas, Musa Yusuf, Mukhtar Muhammad, and Mahfuz Yahuza.
They are challenging the legality of the primaries held on 28 May, alleging widespread violations of the Electoral Act 2026, the NDC constitution, and the party’s official guidelines.
The lawsuit raises fundamental questions regarding the integrity of the primaries and the distribution of nomination forms.
The plaintiffs allege that the NDC unlawfully delegated the sale and distribution of its Expression of Interest and Nomination Forms in Kano State to a single individual.
They argue this arrangement effectively allowed one party member to gatekeep the process and dictate who could participate.
The plaintiffs contend that transferring the responsibility of issuing forms to an individual or a specific faction violates the Electoral Act 2026, as well as the NDC’s own constitution.
The suit claims that no valid primary election took place under the law, citing a total absence of proper delegate accreditation, voting, counting, or collation of results.
The aspirants claimed that they were denied access to nomination forms despite being eligible, effectively shutting them out of the governorship, House of Representatives, and State House of Assembly primaries for the Fagge, Tarauni, and Gwale constituencies.
“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 stated in their court filings.
Reliefs sought by the plaintiffs
The plaintiffs are seeking a declaration nullifying the entire 28 May primary elections conducted by the NDC across all levels in Kano State.
An order setting aside the certificate issued to Mr Suleiman as the party’s flagbearer for the Fagge Federal Constituency, and an injunction restraining him from parading himself as the candidate.
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Also, they are seeking a perpetual injunction restraining INEC from accepting, recognising, publishing, or acting upon the names of any candidates produced through the disputed primaries.
They are seeking an order compelling the NDC to conduct fresh primary elections for the affected constituencies in strict compliance with legal and party guidelines and a refund of the N2 million paid by the lead plaintiff for his Expression of Interest and Nomination Form, alongside N200 million in general and exemplary damages for breach of contract and unlawful exclusion.
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