2027: Court dismisses suit challenging ex-governor Duke's emergence as PRP's presidential candidate

The Federal High Court in Abuja on Wednesday dismissed a suit challenging former Cross River State Governor Donald Duke‘s emergence as the 2027 presidential candidate of the Peoples Redemption Party (PRP).

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Judge Mohammed Umar, in a judgement on Wednesday, held that the suit, marked: FHC/ABJ/CS/1234/2026, filed by an aggrieved PRP presidential aspirant, Yakubu Kingsley, was statute-barred.

The judge dismissed the suit after upholding the preliminary objections raised against the competence of the suit by Duke and the party.

The judge held that the suit, being a pre-election matter, was filed in violation of the provision of Section 285(9) of the constitution.

He said the suit, filed on 10 June, was instituted 16 days after the results of the PRP’s presidential primary election conducted on 25 May were made public.

He faulted Mr Kingsley’s contention that the 14 days limit allowed by the constitution for filing pre-election cases should start counting from 6 June when the party’s appeal committee wrote to communicate its decision, rejecting his appeal.

The judge declined jurisdiction, holding that since the suit was statute-barred, the court lacked the requisite jurisdiction to hear and determine it.

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However, Mr Umar also determined the suit on its merits and dismissed it because the plaintiff failed to prove his case.

He faulted the plaintiff’s argument that Mr Duke, who was Cross River governor between 1999 and 2007, was validly returned as PRP’s presidential candidate in the 25 May primary election, having allegedly not been a registered member of the party when the PRP submitted its membership register to INEC on 4 May.

Mr Umar held that the issue of membership in a political party is an internal affair of the political party, which is non justiciable and over which the court lacked jurisdiction.

The judge also faulted the plaintiff’s claim that Mr Duke did not comply with the party’s guidelines, was ineligible to participate in the primary election and ought not to have been cleared to contest, having allegedly failed to appear in person for screening at the party’s national secretariat.

He noted that while Mr Kingsley referred to the PRP’s guidelines, which he claimed Mr Duke violated, he failed to produce the document before the court as required.

Mr Umar rejected Mr Kingsley’s claim of over-voting during the primary election in states like Bauchi, Kwara and Gombe, holding that he failed to prove over-voting as required by law.

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Mr Kingsley instituted the suit, urging the court to determine whether Mr Duke was validly returned as the party’s presidential candidate in the 25 May primary election, having allegedly not been a registered member of the PRP when the party submitted its membership register to INEC on 4 May.

He urged the court to declare that Mr Duke was ineligible to participate in the primary election and ought not to have been cleared to contest, having allegedly failed to appear in person for screening at the party’s national secretariat.

The plaintiff also prayed the court to set aside the results from Bauchi, Gombe and Kwara states over alleged over-voting and declare him the PRP presidential candidate for the 2027 elections.

He further sought an order directing the Independent National Electoral Commission (INEC) not to recognise Duke as the party’s presidential flagbearer and to instead recognise him as the PRP’s candidate.

(NAN)