A fresh legal battle has erupted within the Nigeria Democratic Congress (NDC), with the Governorship Aspirant, Mukhtar Muhammad and other aggrieved aspirants asking the Federal High Court to nullify the party’s primary elections conducted in Kano State and restrain the Independent National Electoral Commission from recognising candidates that emerged from the exercise.
In an Originating Summons filed before the Federal High Court, by five members of the NDC Shuaib Abubakar Fagge; Mustapha Salisu Musa (Fanandas); Musa Hudu Yusuf; Mukhtar Muhammad (Governorship Aspirant) and Mahfuz Yahuza as 1st, 2nd, 3rd, 4th and 5th plaintiffs they challenged the legality of the party’s primaries held on May 28, 2026, alleging widespread violations of the Electoral Act, the party’s constitution and its guidelines for the 2027 general election.
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The suit, instituted against the dependants raises fundamental questions over the conduct of the primaries and the process through which nomination forms were distributed to aspirants.
The plaintiffs alleged that the party unlawfully delegated the sale and distribution of its Expression of Interest and Nomination Forms in Kano State to a single individual, thereby allowing one party member to determine who would obtain nomination forms and participate in the primaries.
According to the court processes, the plaintiffs argued that such an arrangement violated the provisions of the Electoral Act, 2026, as well as the NDC constitution and guidelines, insisting that the responsibility for issuing nomination forms could not legally be transferred to an individual or faction within the party.
They further contended that no valid primary election known to law was conducted alleging that there was no proper accreditation of delegates or members, voting, counting or collation of votes as required under the Electoral Act and the party’s guidelines.
The plaintiffs also claimed they were unlawfully denied nomination forms despite being eligible members of the party, arguing that they were excluded from participating in the governorship, House of Representatives and Kano State House of Assembly primaries for Fagge, Tarauni and Gwale constituencies.
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They asked the court to declare that the party breached its constitutional and statutory obligations by denying them equal opportunity to contest and by failing to provide what they described as a level playing field for all aspirants.
Among the far-reaching reliefs sought, the plaintiffs requested declarations nullifying the entire primary elections conducted by the NDC in Kano State on May 28, 2026, including the governorship, House of Representatives and State Assembly primaries.
They equally urged the court to set aside the Certificate of Return issued to Aminu Suleiman Goro as the party’s candidate for the Fagge Federal Constituency and restrain him from parading himself as the party’s flag bearer pending the conduct of fresh primaries.
The plaintiffs further sought perpetual injunctions restraining INEC from accepting, recognising, publishing or acting upon the names of candidates allegedly produced through the disputed primaries.
They also asked the court to compel the NDC to organise fresh primary elections for the affected constituencies in strict compliance with the Electoral Act, the party’s constitution and its election guidelines.
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In addition, the lead plaintiff requested a refund of the ₦2 million allegedly paid for his Expression of Interest and Nomination Form, alongside ₦200 million in general and exemplary damages for alleged breach of contract and denial of the opportunity to participate in the primaries.
The suit, filed by counsel, Moses Ademola Falana of Nayara Legal Consult, is expected to test the legality of the NDC’s primary election process in Kano and could have significant implications for the party’s preparations ahead of the 2027 general election if the court grants the reliefs sought.