The Federal High Court in Abuja has set 2 November to give its ruling in a case questioning former Governor of Cross River State, Donald Duke, as the presidential candidate of the Peoples Redemption Party (PRP) for the 2027 elections.
Justice Mohammed Umar announced the date after all parties involved in the case presented their arguments.
Abdullahi Muhammad represented the plaintiff, Noah Abdul stood for Mr Duke, and Azubuike Ogochukwu was there for the Independent National Electoral Commission (INEC).
A party member, Yakubu Kingsley, started the lawsuit after Duke was named the presidential candidate of the PRP.
Duke won the primary election on 25 May, with official results revealed on 26 May. Kingsley filed the lawsuit on 10 June against the PRP, Duke, and INEC.
He asked the court to rule that the 25 May primary election was invalid due to over voting in places like Bauchi, Gombe, and Kwara.
Kingsley claimed Duke should not have been allowed to participate in the primary because he was not a member of the PRP.
He also said Duke did not follow the party rules by failing to show up for the screening at the national secretariat.
Kingsley requested that the court cancel the results of the primary election in Bauchi, Gombe, and Kwara because of over voting.
He asked the court to declare him the rightful presidential candidate for the PRP, arguing that he met all the party's guidelines and was a registered member.
Kingsley also sought an order that would stop INEC from recognizing Duke as the party's presidential candidate or removing his name from their records.
In his affidavit, Kingsley stated that he is a registered member of the PRP with membership card number: 2A8D8B20B2.
He referred to himself as a “politician” from Auchi III Ward, Etsako West Local Government Area of Edo State but currently resides in Abuja, FCT.
He stated that Duke was not a genuine member of the PRP by 4 May when the party's list was sent to INEC.
Kingsley said he bought the party’s Expression of Interest Form and Nomination Form for the presidency, paying a total of N20 million to the party.
Duke and the PRP filed a preliminary objection on 23 June through their lawyer, Noah Abdul, questioning the court's authority to hear the case.
Abdul argued that Kingsley's lawsuit was a pre-election matter under Section 285(14)(a) of the Nigerian constitution.
He pointed out that according to Section 285(9), such cases should be filed within 14 days of the event, decision, or action in question.
He stated that the cause of action began on 26 May 2026, when the primary election results were made public.
But he noted that Kingsley filed the suit on 11 June, 17 days later, which he claimed was outside the 14-day limit.
Abdul emphasized that the 14-day period is crucial and cannot be extended or waived by the court or the parties involved.
He also mentioned that membership issues within a political party are internal matters and not for the court to decide.
INEC stated that its role is to promote knowledge of fair election processes and to monitor political parties, including their primaries.
The commission explained that its staff did not take part in the voting or announcement of the primary election winner.
INEC said the responsibility for the conduct of the election lies solely with the PRP officials.
According to INEC, their officials merely observed the election in line with the Electoral Act.
They added that they could not alter the results from any ward or local government area.
INEC said the declaration of the primary winner was made by the party's electoral committee alone.
They noted that they can only act on the name of a candidate officially submitted by the party.
Until a court orders otherwise, INEC is required to follow the constitution and the Electoral Act.
The commission clarified that it has no personal stake in who becomes the PRP candidate and has remained neutral during the nomination process.
INEC emphasized that it would accept the candidate declared as the winner of a fair election.
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