Former Governor of Kogi state, Alhaji Yahaya Bello, the All Progressives Congress (APC) and Independent National Electoral Commission (INEC) have asked the Federal High Court in Abuja to dismiss a suit challenging Bello’s emergence as the APC candidate for the Kogi Central Senatorial District.
The trio told Justice Inyang Ekwo in their separate processes filed to oppose a suit filed by Chief Momoh Obaro, seeking to void the former governor’s APC senatorial ticket.
Obaro, in the suit marked: FHC/ABJ/CS/1085/2026 filed by his lawyer, Kimi Appah listed APC, Bello and INEC as 1st to 3rd defendants respectively.
In the Originating Summons filed on May 29, the plaintiff urged the court to declare that, having scored the highest number of lawful votes cast on May 18 primary poll, he was the lawful winner whose name should be forwarded to INEC as APC’s candidate.
He therefore, prayed the court to restrain APC from forwarding Bello’s name as the party’s candidate to INEC for the 2027 Senatorial election .
Obaro also sought an order of mandamus compelling the APC to forthwith recognise and forward his name to INEC as duly and validly nominated candidate for the senatorial seat, among others.
In the affidavit he personally deposed to, Obaro alleged that Bello was not screened and cleared as aspirant in the poll and that, he was shocked to hear that Bello was declared the winner of the election and his name forwarded to INEC.
He prayed the court to grant his reliefs.
Also in his further affidavit in response to Bello’s counter affidavit, Obaro alleged that though the ex-governor completed and submitted his Expression of Interest (EoI) Form and Nomination Form in respect of the primary election, Bello allegedly withdrew from the poll voluntarily.
He said the said letter of voluntary withdrawal was submitted to the APC’s appropriate authorities and was never withdrawn by him before the conduct of the primary election.
Bello however, denied withdrawing from the contest, urging the court to dismiss the suit.
In his preliminary objection filed by Joseph Daudu, SAN, the former Kogi state governor prayed the court to dismiss the suit in limine for being fundamentally defective, incompetent and for vesting no jurisdiction on the court to adjudicate thereon.
Daudu argued that the plaintiff’s written address failed to comply with the mandatory provision of Paragraph (7) of the Federal High Court (Pre-Election) Practice Directions, 2026 (as amended), among other reliefs.
Bello, in his counter affidavit he deposed to, said contrary to Obaro’s claim, he scored the highest number of lawful votes while the plaintiff polled a distant third place.
He said while the plaintiff polled 188 votes, he scored 72, 999 votes and argued that, Obaro had failed to produce before the court the authentic and official result sheet by the duly constituted primary election committee.
He said he was screened, cleared, certified and found qualified to contest in the poll, contrary to the plaintiff’s claim, adding that, after
his declaration as winner of the poll monitored by INEC, the party submitted his name as the valid candidate.
Bello vehemently denied withdrawing from the election in his further counter affidavit.
APC and INEC, in their separate court documents, also urged the court to dismiss the suit.
In its counter affidavit deposed to by Muhammad Ayuba, an administrative officer in Litigation and Prosecution Department, INEC said it monitored the election in compliance with the laws.
The Commission said the election which was contested by three aspirants, was won by Bello, having polled the highest number of valid votes and was returned as the winner of the primary.
“That all the reports from the electoral officers who monitored the primary election exercise at various wards in the five LGAs constituting the Kogi Central Senatorial District clearly shows that the election was conducted substantially in compliance with the provisions of the Electoral Act, 2026.”
When the case was called on Monday, A. T. Hassan, SAN, counsel for Obaro, adopted all their processes and urged the court to grant their prayers, including their motion to amend the main suit.
APC’s lawyer, Ibrahim Mohammed, SAN; Bello’s counsel, Paul Daudu, SAN, and INEC’s lawyer, S.A. Omole, urged the judge to dismiss the suit.
After listening to the parties, Justice Ekwo adjourned the matter until November 19, 2026 for ruling on motion to amend or judgment.
END
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