By Abubakar Rabilu , Gombe
The Federal High Court sitting in Gombe has nullified the All Progressives Congress (APC) primary election for the Balanga/Billiri Federal Constituency, which produced former Minority Whip of the House of Representatives, Hon. Ali Isa JC, as the party’s candidate.
In a ruling delivered on Wednesday by Justice Vera E. Ibrahim, the court ordered the APC to conduct a fresh primary election within 30 days and barred Ali Isa JC from participating in the rerun.
The court held that Ali Isa JC was not eligible to contest the primary because his name was not contained in the APC membership register submitted to the Independent National Electoral Commission (INEC) within the period prescribed by law.
The court found that Ali Isa joined the APC 16 days before the party’s primary election held on May 16, 2026, and that there was no evidence before it establishing that his name was included in the membership register submitted to INEC 21 days before the primary, as required under Section 77 of the Electoral Act.
Justice Ibrahim said the issue before the court was not merely whether Ali Isa was a member of the APC, but whether the party complied with the statutory requirements governing the submission of its membership register to INEC.
The court consequently nullified the primary that produced him as the APC candidate and directed the party to conduct a fresh primary in accordance with the law.
Ali Isa, who was elected to the House of Representatives on the platform of the Peoples Democratic Party (PDP), served as Minority Whip before defecting to the APC shortly before the party’s primary.
He subsequently emerged as the APC candidate for the Balanga/Billiri Federal Constituency.
The legal challenge was instituted by Alfred John Atajiri, who approached the court after Ali Isa was declared winner of the APC primary.
Atajiri had argued that Ali Isa was not a valid member of the APC at the time of the primary and therefore lacked the qualification to participate in the election.
Reacting to the judgment, counsel to Atajiri, Mr Ibrahim Aliyu Nassarawa, welcomed the decision, saying it was consistent with the reliefs sought by his client.
The judgment has now paved the way for a fresh APC primary to select the party’s candidate for the Balanga/Billiri Federal Constituency, subject to any appeal arising from the decision.
