The Federal High Court in Abuja on Monday struck out a suit challenging the conduct of the national congress of the All Progressives Congress, holding that the matter bordered on the internal affairs of the party and was therefore not justiciable.
Trial judge, Justice Joyce Abdulmalik, also imposed a total cost of N20m against the plaintiff, Fubara Dagogo, and his lawyer, Ogochukwu Onyema.
Delivering judgment, Justice Abdulmalik held that the dispute arose from the APC’s internal congress and nomination processes, which the court lacked jurisdiction to entertain under Section 83(5) of the Electoral Act 2026.
“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.
She added that having found that the court lacked jurisdiction, all other issues raised in the suit had become “academic issues which will not serve any practical purpose.”
The judge consequently struck out the suit in its entirety.
Dagogo, an aspirant in the APC national congress, had approached the court to challenge what he described as his exclusion from the party’s national convention election despite allegedly purchasing and completing the required nomination forms.
He sued the APC alongside Nentawe Yilwatda, Victor Giadom, the party’s National Vice Chairman (South-South), and Sulaiman Muitamma, the APC National Organising Secretary.
The suit followed the APC zonal congresses conducted on March 21 across the six geopolitical zones and the party’s national convention held between March 25 and March 28.
Dagogo, through his counsel, Onyema, claimed he was duly cleared after paying for his expression of interest and nomination forms but was later excluded from the process.
He sought, among others, a nullification of the APC national congress outcome for the office of National Vice Chairman (South-South) conducted without his participation, as well as N100m in damages.
The APC and other defendants challenged the suit through a preliminary objection, urging the court to dismiss it for lack of jurisdiction.
Their counsel, Kayode Okunade, argued that the issues raised related strictly to the internal affairs and leadership structure of the APC, which courts are barred from entertaining.
He relied on Section 83(5) of the Electoral Act 2026, arguing that disputes arising from party congresses, nomination processes, and internal administration are non-justiciable.
Okunade 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 case involved alleged breaches of fair hearing and statutory provisions.
After hearing arguments, Justice Abdulmalik reserved judgment until Monday.
In her ruling, the judge held that the dispute emanated from APC’s 2026 schedule of nationwide congresses, national convention, and related activities.
She 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, she stated: “No court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.”
Justice Abdulmalik further held that nomination of candidates remains an internal party matter.
She also awarded costs against the plaintiff and his counsel, relying on provisions requiring sanctions in cases involving non-justiciable political party disputes.
The court awarded N10m against Dagogo and another N10m against his lawyer, bringing the total fine to N20m.
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