Abuja: The Federal High Court in Abuja has set July 20 as the date for the hearing of a lawsuit filed by Hassan Kafayos, an aggrieved aspirant, challenging the All Progressives Congress (APC) Yobe North Senatorial District primary election that declared Sen. Ahmad Lawan, a former Senate President, as the candidate.
According to News Agency of Nigeria, Kafayos is seeking a court order to annul the APC primary election held on May 18, claiming it was flawed. Justice Salim Ibrahim fixed the hearing date after the claimant’s counsel, Francis Mgboh, reported difficulties in serving court documents to two of the defendants. Kafayos has named APC, Prof. Nentawe Yilwatda, the APC’s National Chairman; Sen. Lawan, and the Independent National Electoral Commission (INEC) as defendants.
During the court session, Mgboh was present alongside APC’s lawyer, Adedayo Adedeji, SAN, but representatives for Prof. Yilwatda, Lawan, and INEC were absent. Mgboh explained that attempts to serve the third defendant, Lawan, were unsuccessful. He suggested that Lawan had been evasive, prompting a motion for substituted service. Adedeji, representing APC, requested that Mgboh follow proper legal procedures for serving documents.
Kafayos’ lawsuit, filed on May 29, seeks four main reliefs. He claims his exclusion from the primary election violated his rights and the APC’s internal guidelines. Kafayos is requesting an injunction to prevent APC and Yilwatda from forwarding Lawan’s name to INEC and to stop INEC from accepting Lawan as the APC candidate. Furthermore, he seeks a fresh primary election or recognition as the duly nominated candidate. He also demands N50 million in damages for his alleged wrongful exclusion.
In his affidavit, Kafayos detailed his participation in the APC as a financial member and aspirant. He claimed he was unjustly disqualified from the primary election despite being cleared by the party’s Screening Committee. He alleged that the primary election at the designated venue was disrupted by police teargas, and that Lawan was later affirmed as the candidate in a private setting, violating democratic procedures.
Kafayos submitted complaints to party officials and the President, seeking redress for what he described as a flawed process favoring Lawan. He argues that a fresh election is necessary to ensure transparency and justice. Alternatively, he requests that INEC disqualify Lawan and declare him the legitimate candidate.
The court has instructed all parties to submit their documents ahead of the July 20 hearing. The outcome of this case could impact the APC’s representation in the forthcoming general election for Yobe North.