Fidelia Soriwei, Abuja
The Federal High Court in Damaturu, Yobe State, has dismissed a suit challenging the emergence of Baba Wali as the All Progressives Congress (APC) governorship candidate for the 2027 general election, upholding his victory in the party’s May 21, 2026 primary election.
The suit was filed by Mustapha Maihaja, who contested the APC governorship primary and challenged the outcome over alleged electoral irregularities, including over-voting and breaches of the party’s electoral guidelines.
Delivering judgment on Monday, Justice Fatima Amin ruled that the case was statute-barred because it was instituted outside the time limit prescribed by the Constitution. She consequently held that the court lacked the jurisdiction to entertain the suit.
In her ruling, the judge said, “The suit was not instituted within the time prescribed by the Constitution. Consequently, this court lacks the jurisdiction to entertain the matter, as the action is statute-barred.”
The court also examined Maihaja’s allegations against the conduct of the APC governorship primary and found that he failed to present credible evidence establishing claims of over-voting.
“The plaintiff has failed to place credible and convincing evidence before this court to establish the allegation of over-voting. Allegations, no matter how weighty, must be supported by credible evidence,” Justice Amin said.
She further identified significant contradictions and inconsistencies in the testimonies of Maihaja’s witnesses, ruling that their evidence was insufficiently reliable to support the reliefs sought.
“There are material contradictions and inconsistencies in the evidence of the plaintiff’s witnesses. These inconsistencies have affected the credibility of their testimonies, and this court cannot rely on such evidence to grant the reliefs sought,” she said.
Justice Amin added that Maihaja would still have lost the case even if it had been filed within the constitutionally stipulated period, given his failure to establish the alleged electoral irregularities.
“Even if this action had been commenced within the time prescribed by law, the plaintiff would still not have succeeded, having failed to prove the allegations of over-voting against the conduct of the primary election,” she held.
Wali secured the APC governorship ticket after recording 236,711 votes in the May 21 primary, which Maihaja subsequently challenged in court.
Reacting to the judgment, Wali’s Press Secretary, Shuaibu Abdullahi, commended the judiciary for its handling of the dispute and reaffirmed the camp’s confidence in the judicial system.
Abdullahi said, “We commend the court for its painstaking consideration of the issues and reaffirm our confidence in the judiciary as the ultimate guardian of justice and the rule of law.”
The ruling effectively ends Maihaja’s legal challenge to Wali’s emergence as the APC governorship candidate in Yobe State ahead of the 2027 general election.
