A fresh legal battle has erupted within the Nigeria Democratic Congress, NDC, after a governorship aspirant, Mukhtar Muhammad, and four other aggrieved members approached the Federal High Court seeking to nullify the party’s primary elections conducted in Kano State.
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The plaintiffs, Shuaib Abubakar Fagge, Mustapha Salisu Musa, also known as Fanandas, Musa Hudu Yusuf, Mukhtar Muhammad and Mahfuz Yahuza, are challenging the legality of the primaries allegedly held by the party on May 28, 2026.
In an Originating Summons filed through their counsel, Moses Ademola Falana of Nayara Legal Consult, the plaintiffs are asking the court to set aside the entire primary elections conducted by the NDC in Kano State for the governorship, House of Representatives and State House of Assembly seats.
They are also seeking an order restraining the Independent National Electoral Commission from accepting, recognising, publishing or acting on the names of any candidates who emerged from the disputed primaries.
The suit alleges that the NDC violated the Electoral Act 2026, its constitution and its guidelines for the 2027 general election in the conduct of the primaries and in the distribution of Expression of Interest and Nomination Forms to aspirants.
According to the court processes, the plaintiffs alleged that the party unlawfully delegated the sale and distribution of nomination forms in Kano State to a single individual, thereby allowing one party member to determine who received forms and who participated in the primaries.
They argued that the responsibility for issuing nomination forms could not lawfully be transferred to an individual, group or faction within the party in a manner that denied eligible aspirants equal access to the process.
The plaintiffs further contended that no valid primary election recognised by law was conducted by the party in the affected constituencies.
They claimed that there was no proper accreditation of delegates or members, no valid voting, no counting of votes and no collation of results as required by the Electoral Act and the NDC’s own guidelines.
They also alleged that they were unlawfully denied nomination forms despite being eligible members of the party, thereby excluding them from participating in the primaries for the governorship, House of Representatives and Kano State House of Assembly seats in Fagge, Tarauni and Gwale constituencies.
The plaintiffs are asking the court to declare that the NDC breached its constitutional and statutory obligations by failing to provide a level playing field for all aspirants and by denying them equal opportunity to contest.
They also want the court to set aside the Certificate of Return allegedly issued to Aminu Suleiman Goro as the NDC candidate for Fagge Federal Constituency and restrain him from parading himself as the party’s flag bearer pending the conduct of fresh primaries.
In addition, the plaintiffs are seeking an order compelling the NDC to conduct fresh primary elections in the affected constituencies in strict compliance with the Electoral Act, the party’s constitution and its election guidelines.
The lead plaintiff is also asking the court to order a refund of the ₦2 million allegedly paid for his Expression of Interest and Nomination Form.
He is further seeking ₦200 million as general and exemplary damages for alleged breach of contract and denial of the opportunity to participate in the primary election process.
The case is expected to test the legality of the NDC’s nomination process in Kano State ahead of the 2027 general election.
If the court grants the reliefs sought, the outcome could affect the party’s governorship, National Assembly and State Assembly tickets in the state.
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