By Golok Nanmwa, Jos
The Federal High Court, Jos Judicial Division, has struck out a suit filed by Hon. Dr. Tongshinen Gozhak challenging the outcome of the All Progressives Congress, APC, primary election for the Pankshin/Kanke/Kanam, PKK, Federal Constituency.
The suit, marked FHC/J/CS/39/2026, was instituted against the APC, Rt. Hon. Yusuf Adamu Gagdi and the Independent National Electoral Commission, INEC.
Justice Sharon Tanko, in the judgment delivered on Thursday, held that the suit was founded on provisions of the Electoral Act 2022 which had been repealed and replaced by subsequent electoral legislation.
The court consequently held that the action suffered from a fundamental jurisdictional defect and declined jurisdiction to determine the substantive claims.
Gozhak had challenged the declaration of Gagdi as the APC candidate for the PKK Federal Constituency, asking the court to determine whether the primary election complied with applicable electoral law and the party’s guidelines.
The court examined affidavits, counter-affidavits, documentary exhibits and written addresses filed by the parties, including conflicting sets of results relating to the primary election.
Justice Tanko also considered documents attributed to the APC and INEC concerning the conduct, monitoring and collation of the primary, noting inconsistencies in some of the materials placed before the court.
The judgment also referred to evidence suggesting that parallel primary exercises had taken place in parts of the constituency.
However, having considered the issues raised, the court turned to the legal foundation of the suit and held that the plaintiff had relied on provisions of the repealed Electoral Act 2022.
The court rejected the argument that the reference to the repealed legislation could be treated as a minor procedural error, holding that the statutory provisions relied upon formed part of the substantive legal foundation of the plaintiff’s claims.
Justice Tanko further held that jurisdiction was a threshold issue, and where jurisdiction was lacking, the court could not proceed to determine the merits of the case or grant the reliefs sought by the plaintiff.
Gozhak had sought, among other reliefs, declarations concerning the winner of the APC primary, the setting aside of Gagdi’s declaration and orders directing the APC and INEC to recognise him as the candidate.
The court consequently declined jurisdiction and struck out the suit, bringing the proceedings before the Federal High Court, Jos Judicial Division, to an end in their existing form.
