Nigerian politician, Haruna Shekwolo Audi, has asked the Supreme Court of Nigeria to set aside its judgment delivered on February 16, 2026, in the case involving Joshua M. Ishaku and the All Progressives Congress (APC), alleging that the decision was obtained through fraud and that he was denied fair hearing.
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Audi filed a motion on notice before the apex court, seeking an order nullifying the judgment delivered in suit number SC/CV/35/2026.
The motion, brought pursuant to Order 4 Rule 1 of the Supreme Court Rules 2024 and under the inherent jurisdiction of the court, also urged the court to grant any further orders it deemed fit in the circumstances.
The case originated from an appeal marked CA/ABJ/CV/1692/2025 arising from suit number FHC/ABJ/CS/1494/2025 at the Federal High Court in Abuja.
In the application, Audi claimed that the entire proceedings leading to the judgment were conducted without his knowledge or participation.
He alleged that he was not served with the notice of appeal, brief of argument, or the judgment of the court, describing the development as a violation of his constitutional right to fair hearing as provided under Section 36(1) and Section 294(1) of the 1999 Constitution.
According to him, he only became aware of the court’s decision after seeing what he described as a circulating judgment order on social media.
“I only saw the judgment order of the court flying on social media without ever being served with any process in the suit and even the judgment as required by the Constitution,” the motion stated.
Audi further alleged that he later came across an uncertified judgment attributed to a justice of the court circulating online but said the full judgment had still not been served on him.
The applicant also accused the respondents of obtaining the judgment through fraudulent means, particularly concerning a document submitted to the Independent National Electoral Commission (INEC).
He claimed that a letter dated July 4, 2025, which was allegedly used to submit the name of Joshua M. Ishaku to INEC and attached as Exhibit INEC 4, did not exist as of June 26, 2025, the date it was purportedly received by the electoral body and included in its report.
Audi argued that the development raised serious questions about the authenticity of the evidence relied upon in the case.
He also told the court that, to his knowledge, the first respondent, the APC, had not been served with the full judgment of the court.
The applicant maintained that the judgment order and proceedings were invalid in the absence of a properly served and valid judgment.
Court documents show that the appellant in the matter is represented by a legal team led by Ogwu J. Onoja, SAN, alongside other lawyers including M. A. Ebute and George Ibrahim, both Senior Advocates of Nigeria.
The Supreme Court of Nigeria had affirmed Joshua Ishaku Musa as the lawful candidate of the APC for the chairmanship election in Bwari Area Council, Federal Capital Territory, in a ruling delivered on February 16, 2026.
In a 4–1 majority judgment, the apex court set aside the earlier decision of the Court of Appeal, adopting the dissenting opinion of Justice Okon Abang, which held that Ishaku was validly nominated by the APC.
The court ruled that Ishaku’s suit was not statute-barred and that the dispute extended beyond internal party affairs, thereby warranting judicial intervention.
It ordered that his name be officially recognised and published as the APC candidate for the upcoming Bwari chairmanship election.
The ruling effectively displaced Haruna Shekwolo Audi, who had earlier been recognised by INEC as the APC candidate, triggering tensions within the party at both the leadership and grassroots levels.
Even before the apex court delivered its verdict, friction had been escalating within the Bwari APC over councilorship primaries across several wards, including Usuma, Byazhin, Ushafa, Kuduru, and Kawu.
Earlier, a lawsuit filed by councilorship aspirants loyal to Ishaku and Nasir Shehu Jimnas challenged the emergence of candidates aligned with Shekwolo. The aspirants alleged that their opponents had allegedly manipulated the primaries to secure their victories.
The case was brought before the FCT High Court, which dismissed the suit for lack of jurisdiction, ruling that pre-election disputes fall outside its authority.
The court reaffirmed the mandate of candidates it described as duly elected during the APC primaries, effectively upholding Shekwolo’s slate.
A statement circulated by Shekwolo’s supporters described the verdict as a validation of the party’s internal democracy.
“Mandate reaffirmed. Case closed. Congratulations to all Shekwolo’s councilorship candidates. The victory train is moving at full speed, and nothing can stop it now. Victory is already beckoning as we approach the final phase of the struggle. Shekwolo is winning. APC is winning. Bwari is winning,” the statement read.
Despite the Supreme Court ruling against him, Shekwolo has maintained his loyalty to the APC, urging his supporters to continue to vote for the party in the upcoming polls.
However, he accused top political figures, including the Minister of the Federal Capital Territory, Nyesom Wike, former Senator Philip Aduda, and the incumbent Bwari Area Council Chairman John Gabaya, of orchestrating his removal from the APC ticket.
According to Shekwolo, the move was allegedly aimed at installing a loyalist chairman ahead of Aduda’s reported plans to return to the Senate in 2027.
“They have been battling with us. The FCT minister, Philip Aduda, and the present chairman have been the ones fighting me,” Shekwolo said.
He also alleged that the candidate of the opposition Peoples Democratic Party (PDP) was pressured to step down because his opponents believed Ishaku might struggle to win the election without external backing.
Nevertheless, Shekwolo stressed that the party’s interest comes first, encouraging his followers not to abandon APC.
“As a party man, the first thing is for our party to win, despite the injustices that have been done to me,” he said.
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