Court reserves judgment In Ondo APC Reps primary dispute
By Julius Alabi, Akure
The Federal High Court sitting in Akure, Ondo State, has reserved judgment in a suit challenging the emergence of Hon. Gboyega Adefarati as the All Progressives Congress (APC) candidate for the Akoko South-East/Akoko South-West Federal Constituency in the 2027 general elections.
The suit was instituted by Dr Victor Ategbole, who is contesting the decision of the APC National Working Committee (NWC) to recognise Adefarati as the party’s candidate for the House of Representatives seat.
Justice Toyin Adegoke reserved judgment after hearing submissions from counsel representing Ategbole, Adefarati, the Independent National Electoral Commission (INEC) and the APC.
Ategbole’s legal team was led by Senior Advocate of Nigeria (SAN), Dr Remi Peter Olatubora, while Adefarati was represented by Abiola Olawoye Olaniji. Dele Ibitayo appeared for INEC, while the APC was represented by A.G. Yirvoms.
In the suit, marked FHC/A79/CS/59/2026, Ategbole is asking the court to determine the legality of the APC’s decision to recognise a different result from the one initially declared at the party’s primary election held on May 16, 2026.
He is also seeking an interpretation of Sections 84, 85 and 86 of the Electoral Act 2026, alongside relevant provisions of the APC constitution and the party’s guidelines for the nomination of candidates for the 2027 elections.
Ategbole contended that he was duly screened and cleared by the party to participate in the primary and was not, at any point, formally disqualified from the exercise.
According to him, his name appeared on the relevant APC documents submitted to INEC ahead of the primary, where he was listed as number 45.
He further argued that the documents submitted by the APC to INEC, and subsequently certified by the electoral commission, established his eligibility to participate in the primary.
Ategbole maintained that the primary election conducted on May 16 produced a result in his favour, with the Federal Constituency Returning Officer, Hon. Akin Aibinuomo, declaring him the winner.
The plaintiff is consequently asking the court to determine whether the APC National Assembly Primary Election Committee had the authority to make what he described as a second declaration that superseded the earlier result and return.
Among the questions submitted for determination is whether the party could replace the result declared by the returning officer after the conclusion of the primary, having regard to the Electoral Act, the APC constitution and the party’s nomination guidelines.
Ategbole is seeking five reliefs, including a declaration that he won the APC House of Representatives primary for the Akoko South-East/Akoko South-West Federal Constituency.
He is also asking the court to order the APC to issue him a Certificate of Return as the party’s duly nominated candidate for the 2027 election.
In addition, he wants the court to restrain the APC from forwarding Adefarati’s name to INEC as its candidate for the constituency.
Alternatively, he is asking the court to direct the APC to withdraw Adefarati’s name from INEC and submit his own name as the party’s candidate for the election.
However, counsel to Adefarati, in a preliminary objection, challenged Ategbole’s eligibility to participate in the primary.
The defence argued that Ategbole had been disqualified from the exercise and, consequently, that any result purportedly arising from his participation could not confer a valid nomination on him.
The court, after taking arguments from all the parties, reserved judgment for a date to be communicated to the parties.
The decision of the court is expected to determine the dispute over the APC’s nomination for the federal constituency ahead of the 2027 general elections.
