FCT poll: Supreme Court Confirms Joshua Ishaku as APC Candidate
The Supreme Court of Nigeria has upheld Justice Okon Abang’s dissenting decision, naming Joshua Ishaku as the All Progressives Congress’ candidate for the 2026 Bwari Area Council chairmanship election.
In a 4-1 decision on Monday, Justice Jamilu Yammama Tukur, who read the lead judgment, overturned the majority ruling of the Court of Appeal, Abuja Division, which had previously confirmed Haruna Audi as the party’s candidate.
The apex court resolved all issues in favor of Ishaku, ruling that the majority judgment of the appellate court was incorrect in concluding that the appellant’s suit was statute-barred.
The court determined that the “inevitable conclusion is that the appellant was denied the opportunity to be heard” and “denied a fair hearing.”
Regarding whether the suit was premature for failing to exhaust internal party remedies, the Supreme Court ruled that “the internal affairs principle is not absolute.” It also stated that “where issues transcend domestic party affairs, the court can intervene.”
The court also reasoned that “when a party violates its guidelines, the shield of internal affairs falls away.”
The court agreed that Ishaku won the APC primary, but held that the aggrieved party should have exhausted internal procedures. It is contradictory to argue that the appellant should have exhausted the party’s internal mechanisms,” the court ruled.
The Supreme Court also agreed with Justice Abang that the dispute went beyond internal party matters because it involved a violation of constitutional rights, Section 84(14) of the Electoral Act, and the party’s policies. It ruled that only the loser of an election is required to exhaust domestic dispute resolution mechanisms before approaching the court, not the declared winner.
The Supreme Court went on to say that each case must be examined in light of its unique facts, and it faulted the lower court for failing to fully evaluate the material evidence presented to it.
As a result, the appeal was granted, the majority judgment of the Court of Appeal was reversed, and Justice Okon Abang’s dissenting decision was upheld. The court directed the relevant authorities to publish Ishaku’s name as the APC candidate for the council election.
The dispute arose from the APC primary in Bwari Area Council on June 25, 2025. The majority of the Court of Appeal upheld the Federal High Court’s earlier decision to dismiss Ishaku’s suit as statute-barred.
However, in his dissent before the appellate court, Justice Abang disagreed with both the trial court and the majority. He argued that time could not begin to run against a litigant based on a concealed or undisclosed act.
He also described the argument that the cause of action arose at the time of the panel’s alleged decision as a legal fiction designed to ensure that the action became statute-barred and was never heard on its merits.
Justice Abang also faulted the trial court for failing to properly evaluate Exhibit J and Exhibit INEC 4, which he described as critical to the case’s just resolution.
The Supreme Court’s decision now gives that dissent legal weight, effectively resolving the dispute over the APC’s candidacy for the Bwari council election.
