The Supreme Court of Nigeria on Monday affirmed Joshua Ishaku as the valid candidate of the All Progressives Congress (APC) for the 2026 Bwari Area Council chairmanship election, overturning an earlier decision of the Court of Appeal, Abuja Division.
In a split 4–1 judgment delivered by Justice Jamilu Yammama Tukur, the apex court set aside the appellate court’s majority ruling, which had upheld Haruna Audi as the party’s candidate.
The court instead affirmed the dissenting judgment of Justice Okon Abang, resolving all issues in favour of Ishaku.
The justices held that the lower court erred in declaring Ishaku’s suit statute-barred, stating that the “inevitable conclusion is that the appellant was denied the opportunity to be heard” and was therefore “denied fair hearing.”
On the question of whether the suit was premature for failure to exhaust internal party remedies, the court ruled that “the internal affairs principle is not absolute,” adding that “where issues transcend domestic party affairs, the court can intervene.”
It further held that “where a party violates its guidelines, the shield of internal affairs falls away.”
The apex court agreed that Ishaku emerged winner of the APC primary and ruled that it was the aggrieved party—not the declared winner—that ought to have pursued the party’s internal dispute resolution mechanisms.
“It is contradictory to insist that the appellant ought to have exhausted the party’s internal mechanisms,” the court held.
The court also aligned with Justice Abang’s position that the dispute went beyond internal party matters, as it involved alleged violations of constitutional rights, Section 84(14) of the Electoral Act and the APC’s guidelines.
It emphasised that only a loser in an election is required to exhaust domestic remedies before approaching the court, not the declared winner.
Allowing the appeal, the Supreme Court set aside the majority judgment of the Court of Appeal and affirmed the dissenting decision.
It directed the relevant authorities to publish Ishaku’s name as the APC candidate for the council election.
The dispute arose from the June 25, 2025 APC primary election in Bwari Area Council.
