The Federal High Court in Abuja has struck out a suit challenging the conduct of the national congress of the All Progressives Congress (APC).
Justice Joyce Abdulmalik, the presiding judge, held that the matter bordered on the internal affairs of the party and was therefore not justiciable.
The court also imposed a total cost of N20 million against the plaintiff, Fubara Dagogo, and his lawyer, Ogochukwu Onyema.
Delivering judgment on Monday, Abdulmalik held that the dispute arose from the APC’s internal congress and nomination processes.
“It is my considered view that the subject matter of this suit pertains definitely to the internal affairs of the activities of APC,” the judge ruled.
Abdulmalik said the court lacked jurisdiction to entertain the matter under section 83(5) of the Electoral Act 2026.
The judge added that all other issues raised in the suit had become “academic issues which will not serve any practical purpose”.
Dagogo, an aspirant in the APC national congress, had challenged his alleged exclusion from the party’s national convention election despite purchasing and completing nomination forms.
He sued the APC, Prof. Nentawe Yilwatda, APC national chairman, Victor Giadom, national vice-chairman (south-south), and Sulaiman Muitamma, national organising secretary of the party.
The suit followed the APC zonal congresses held on March 21 and the national convention conducted between March 25 and March 28.
Through his lawyer, Dagogo claimed he was duly cleared after paying for his expression of interest and nomination forms but was later excluded from the process.
He asked the court to nullify the outcome of the APC national congress for the office of national vice-chairman (south-south) and award him N100 million in damages. The defendants challenged the suit through a preliminary objection.
Kayode Okunade, counsel to the defendants, argued that the issues raised related strictly to the internal affairs and leadership structure of the APC.
Okunade relied on section 83(5) of the Electoral Act 2026, arguing that disputes arising from party congresses and nomination processes are non-justiciable.
He also argued that the plaintiff failed to exhaust internal dispute resolution mechanisms and lacked locus standi.
Responding, Onyema urged the court to dismiss the objection, arguing that the suit involved alleged breaches of fair hearing and statutory provisions.
In her ruling, Abdulmalik reiterated that political parties are voluntary associations whose internal affairs are generally not subject to judicial interference except where statutory provisions are breached.
Quoting section 83(5) of the Electoral Act, the judge said: “No court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.”
Abdulmalik also held that nomination of candidates remains an internal party matter. The court awarded N10 million against Dagogo and another N10 million against his lawyer.