The Supreme Court of Nigeria has declared Joshua Ishaku as the authentic candidate of the All Progressives Congress (APC) for the 2026 Bwari Area Council chairmanship election, overturning the majority judgment of the Court of Appeal.
In a split 4–1 ruling delivered on Monday, Justice Jamilu Yammama Tukur, who read the lead judgment, set aside the appellate court’s decision that had recognised Haruna Audi as the party’s candidate.
The apex court upheld the dissenting judgment of Justice Okon Abang, ruling that Ishaku was denied fair hearing and that his suit was wrongly dismissed as statute-barred.
Statute of Limitation Misapplied
The Supreme Court faulted the lower court’s conclusion that Ishaku’s case was filed out of time, describing the reasoning as flawed.
It held that the “inevitable conclusion” was that the appellant was denied the opportunity to be heard, stressing that the internal affairs of a political party cannot shield violations of constitutional rights.
On the argument that Ishaku failed to exhaust internal party remedies, the court ruled that the principle of internal dispute resolution is not absolute.
“Where issues transcend domestic party affairs, the court can intervene,” the justices held, adding that the protective cloak of internal party autonomy falls away once party guidelines are breached.
Winner Not Bound to Exhaust Party Remedies
The apex court further held that only a losing aspirant is expected to exhaust internal mechanisms before approaching the court — not a declared winner.
It agreed with Justice Abang’s reasoning that the cause of action arose only when the name of the rival candidate was forwarded to the Independent National Electoral Commission (INEC), not at the time of the party panel’s earlier decision.
Justice Abang had described the opposing argument as a “legal fiction” designed to ensure the case became statute-barred without being heard on its merits.
The Supreme Court affirmed that each case must be determined on its peculiar facts and criticised the lower courts for failing to properly evaluate key documentary evidence.
With the appeal allowed, the majority judgment of the Court of Appeal was set aside, and Justice Abang’s dissent was adopted as the binding decision of the court.
The Supreme Court consequently ordered relevant authorities to publish Ishaku’s name as the APC candidate for the forthcoming Bwari Area Council election.
The ruling effectively brings to an end the legal tussle arising from the APC primary conducted on June 25, 2025, and settles the dispute over the party’s ticket for the council poll.
