Justice Salim Ibrahim, in a judgement, held that the court lacked jurisdiction to adjudicate on the case, as a similar suit had been determined by a court of coordinate jurisdiction.
The Federal High Court in Abuja struck out a suit filed by Ifeanyi Araraume challenging the recognition of Patrick Ndubueze as the All Progressives Congress (APC)’s candidate for the 2027 Imo North Senatorial District election.
Justice Salim Ibrahim, in a judgement, held that the court lacked jurisdiction to adjudicate on the case, as a similar suit had been determined by a court of coordinate jurisdiction.
Justice Ibrahim, who upheld the preliminary objection filed by Mr Ndubueze, described the suit as “an abuse of court process.”
Although the judgement was delivered on 26 August, its certified true copy was sighted on Friday by the News Agency of Nigeria (NAN).
Mr Ararume, in the suit marked: FHC/ABJ/CS/1569/2026, sued APC, Mr Ndubueze and INEC over a dispute regarding the valid candidate for the Imo North Senatorial District.
The former lawmaker sought an order directing INEC to recognise and publish his name as the APC’s candidate for the 2027 general elections for the Imo North Senatorial District.
He also sought an injunction, restraining Mr Ndubueze from parading himself as the party’s candidate for the seat.
In addition, Mr Araraume’s counsel, George Ibrahim, SAN, prayed the court to set aside the purported uploading of Mr Ndubueze’s name by INEC on its portal on 11 July as the APC’s candidate for the district.
He equally sought an order directing INEC to instead upload his name as the party’s candidate for the 2027 polls.
His originating summons was brought pursuant to Section 6(6)(a) and (b) of the 1999 Constitution, Sections 84(1) and 88(2) of the Electoral Act 2026, and Articles 20(ii)(a) and (iii) of the APC Constitution.
However, APC and Mr Ndubueze disagreed with Mr Ararume’s arguments.
Mr Ndubueze, in his preliminary objection filed by his counsel, Paul Ananaba, SAN, prayed the court to dismiss the suit for being a gross abuse of the court process.
Alternatively, he sought an order striking out the suit for want of jurisdiction.
He argued that the dispute over the primary poll held on 18 May by the party had already been decided on 25 June by a Federal High Court in Owerri in another case.
INEC, in an affidavit of facts and written address filed by Johnson Usman, SAN, stated that it would abide by the court’s determination.
Mr Usman further explained that under the prevailing nomination arrangement, political parties themselves uploaded candidates’ particulars through the access granted by the commission.
He stated that the name uploaded by the APC on 11 July was that of Mr Ndubueze and that the said name remained on the portal as at the date of hearing.
Delivering the judgement, Justice Ibrahim held that before going into the substantive suit, the court would look at the preliminary objection filed by Mr Ndubueze in line with the previous Supreme Court decision.
He agreed with Mr Ndubueze’s submission that the Owerri’s suit and the instant case were on the same subject matter.
“This court does not express any opinion upon whether the judgement of Owoibo, J. was right or wrongly decided.
“An allegedly erroneous judgement is not thereby rendered nonexistent.
“Until set aside by a court invested with appellate authority, it remains a subsisting judicial determination which a court of coordinate jurisdiction is bound to respect.
“It follows that having found that this court lacks jurisdiction to hear and determine the plaintiff/respondent’s substantive suit, the proper order to make in the circumstance is to strike out the instant suit.
“I therefore hold that, having regard to the subsisting judgement of the Federal High Court, Owerri Judicial Division, delivered by Hon. Justice I.N. Owoibo on 25th June, 2026 in Suit No. FHC/OW/CS/70/2026.
“The fact that the Federal High Court by virtue of Section 19(1) of the FHC Act which makes the court to be one but based on administrative convenience, the Chief Judge divided the court to different divisions pursuant to the powers of the Chief Judge.
“See Orji v Chima (Supra) per KEKERE-EKUN, JSC (as he then was now CJN) and also to the fact that this is a gross abuse of court process as this court is a court of coordinate jurisdiction with the Owerri division.
“I therefore find merit in the preliminary objection and hold that it ought to be sustained.
“Accordingly, I hereby sustain the preliminary objection and strike out Suit No FHC/ABJ/CS/1569/2026…There shall be no order as to costs,” the judge ruled.
(NAN)
