By Emmanuella Opara | November 10th 2026
KEY POINTS
- Federal High Court in Damaturu has dismissed a suit challenging Baba Wali’s emergence as the APC governorship candidate for the 2027 elections.
- The suit was filed by Mustapha Maihaja, who alleged irregularities, including over-voting, during the party’s May 21, 2026 primary.
- Justice Fatima Amin ruled that the case was statute-barred and that the plaintiff failed to provide credible evidence of over-voting.
- Wali secured 236,711 votes to emerge as the party’s candidate.
MAIN STORY
The Federal High Court in Damaturu, Yobe State, has dismissed a legal challenge to Baba Wali’s emergence as the All Progressives Congress governorship candidate for the 2027 general election, clearing the way for his candidacy following the ruling.
The suit was instituted by Mustapha Maihaja, who contested the APC governorship primary held on May 21, 2026, and challenged its outcome over alleged irregularities, including over-voting and breaches of the party’s electoral guidelines.
Delivering judgment on Monday, Justice Fatima Amin upheld a preliminary objection against the competence of the suit, ruling that it was filed outside the time prescribed by the Constitution.
The judge held that the court lacked jurisdiction to entertain the matter because the action was statute-barred.
“The suit was not instituted within the time prescribed by the Constitution. Consequently, this court lacks the jurisdiction to entertain the matter, as the action is statute-barred,” she said.
The court also examined Maihaja’s allegations against the conduct of the primary election, finding that he failed to present credible evidence to establish that over-voting had occurred.
Justice Amin identified contradictions and inconsistencies in the testimonies of the plaintiff’s witnesses, ruling that their evidence was insufficient to support the reliefs sought.
“The plaintiff has failed to place credible and convincing evidence before this court to establish the allegation of over-voting. Allegations, no matter how weighty, must be supported by credible evidence,” the judge said.
She further held that the suit would have failed even if it had been filed within the legally prescribed period because the plaintiff could not substantiate his allegations.
“Even if this action had been commenced within the time prescribed by law, the plaintiff would still not have succeeded, having failed to prove the allegations of over-voting against the conduct of the primary election,” she held.
Wali emerged as the APC governorship candidate after polling 236,711 votes in the party’s May 21 primary.
Reacting to the judgment, Wali’s Press Secretary, Shuaibu Abdullahi, commended the court for its handling of the case and expressed confidence in the judiciary.
“We commend the court for its painstaking consideration of the issues and reaffirm our confidence in the judiciary as the ultimate guardian of justice and the rule of law,” Abdullahi said.
The ruling brings Maihaja’s legal challenge to Wali’s emergence as the APC candidate to an end ahead of the 2027 general election.
THE ISSUES
The judgment addressed two central questions: whether Maihaja filed his case within the constitutionally prescribed period and whether he provided sufficient evidence to support his allegations against the primary election.
Although the court dismissed the suit primarily on the grounds that it was statute-barred, it also examined the substance of the allegations and found the evidence of over-voting insufficient.
The decision removes the legal challenge brought by Maihaja against Wali’s emergence as the party’s candidate.
WHAT’S BEING SAID
“We commend the court for its painstaking consideration of the issues and reaffirm our confidence in the judiciary as the ultimate guardian of justice and the rule of law,” Shuaibu Abdullahi, Wali’s Press Secretary, said.
WHAT’S NEXT
With the suit dismissed, Wali’s emergence as the APC governorship candidate remains unchallenged by Maihaja’s case ahead of the 2027 election.
BOTTOM LINE
The Federal High Court’s dismissal of Maihaja’s suit has ended his legal challenge to Wali’s emergence as the APC governorship candidate, with the judge citing both the late filing of the case and the failure to establish the allegation of over-voting.
