The Federal High Court sitting in Abuja has struck out a suit filed by Senator Ifeanyi Araraume challenging the recognition of Senator Patrick Ndubueze as the All Progressives Congress candidate for the Imo North Senatorial District in the 2027 general elections.
Justice Salim Ibrahim, in a judgment delivered on August 26, held that the court lacked jurisdiction to determine the case because a Federal High Court of coordinate jurisdiction had previously decided a suit involving the same subject matter.
The judge upheld a preliminary objection filed by Ndubueze and described Araraume’s action as a gross abuse of court process.
Araraume had instituted the suit marked FHC/ABJ/CS/1569/2026 against the APC, Ndubueze and the Independent National Electoral Commission over the party’s valid candidate for the senatorial district.
The former lawmaker asked the court to direct INEC to recognise and publish his name as the APC candidate for Imo North in the 2027 elections.
He also sought an injunction restraining Ndubueze from parading himself as the party’s candidate.
Through his counsel, George Ibrahim, SAN, Araraume asked the court to set aside the purported uploading of Ndubueze’s name on INEC’s portal on July 11, 2026, and direct the electoral commission to upload his name instead.
The originating summons was brought pursuant to Section 6(6)(a) and (b) of the 1999 Constitution, Sections 84(1) and 88(2) of the Electoral Act 2026, and Articles 20(ii)(a) and (iii) of the APC Constitution.
However, the APC and Ndubueze opposed the suit.
In his preliminary objection filed through his counsel, Prof. Paul Ananaba, SAN, Ndubueze urged the court to dismiss the action as a gross abuse of court process or, alternatively, strike it out for want of jurisdiction.
Ndubueze argued that the dispute arising from the APC primary election conducted on May 18 had already been determined on June 25 by the Federal High Court sitting in Owerri.
INEC, through its counsel, Johnson Usman, SAN, filed an affidavit of facts and written address stating that it would abide by the court’s decision.
Usman explained that under the prevailing nomination procedure, political parties were responsible for uploading their candidates’ particulars through access granted to them by INEC.
Delivering judgment, Justice Ibrahim held that the preliminary objection challenging the competence of the suit must be determined before the substantive claims.
Delivering judgment, Justice Ibrahim held that the preliminary objection challenging the competence of the suit must be determined before the substantive claims.
The judge agreed that the earlier Owerri suit and the case before him involved the same subject matter.
Justice Ibrahim stressed that the Abuja Division, being a court of coordinate jurisdiction with the Owerri Division, could not sit on appeal over the earlier decision.
“This court does not express any opinion upon whether the judgment of Owoibo, J., was right or wrongly decided. An allegedly erroneous judgment is not thereby rendered nonexistent,” the judge held.
“I therefore find merit in the preliminary objection and hold that it ought to be sustained.
“Accordingly, I hereby sustain the preliminary objection and strike out Suit No. FHC/ABJ/CS/1569/2026. There shall be no order as to costs.”