By Ikechukwu Nnochiri
ABUJA – The Federal High Court in Port Harcourt has been asked to declare that the All Progressives Congress (APC) is ineligible to field a candidate in the 2027 governorship election in Rivers State.
The suit, marked FHC/PH/CS/193/2026, also asks the court to direct the Independent National Electoral Commission (INEC) to remove the APC and its candidate from the list of political parties eligible to field candidates for the governorship poll scheduled for February 6, 2027.
While INEC was listed as the 1st defendant, the APC was sued as the 2nd defendant in the action, which was instituted by the Peoples Redemption Party (PRP) and its gubernatorial candidate for the election, Hon. Kieghe Nature Dumale.
In an 18-paragraph affidavit he personally deposed, Dumale, the 1st plaintiff, averred that on September 24 the Supreme Court delivered a judgment in a case involving INEC and the Zenith Labour Party.
He said the judgment in Appeal No. SC/CV/495/2026 touched on the constitutionality of Section 77(5)-(7) of the Electoral Act, 2026, and validated INEC’s powers to ensure compliance or to sanction political parties in respect of those provisions.
According to the plaintiffs, INEC Chairman Prof. Joash Amupitan, SAN, announced that the Commission would study the judgment with a view to ensuring compliance.
The deponent told the court that, rather than examining its records to determine whether the APC had complied with Section 77(5)-(7) of the Electoral Act, 2026, and the Supreme Court’s judgment in respect of its gubernatorial primaries for Rivers State, INEC published a final list of political parties and candidates to contest the Rivers State governorship poll.
Adducing the list of candidates as Exhibit ‘A’, the plaintiffs told the court that on October 13, INEC issued a press release in which it stated that, in accordance with Section 287(1) of the 1999 Constitution, as amended, it had applied the Supreme Court’s decision while finalizing the list of candidates for the governorship election by excluding political parties that failed to comply with Section 77(5)-(7) of the Electoral Act, 2026, in fielding candidates.
The affidavit further stated that, by a letter dated April 20, the APC informed INEC that its primaries for the 2027 general elections would commence on May 15.
“Pursuant to the 1st Defendant’s ‘Revised Time Table and Schedule of Activities for the 2027 General Election’, particularly Activity 2, and Section 77(4) of the Electoral Act, 2026, the 2nd Defendant (APC) on the 20th day of April, 2026 transmitted the 2nd Defendant’s Register of Members to the 1st Defendant.
“The said revised time table of the 1st Defendant and the relevant portion of the said Register, that is, the 2nd Defendant’s Register of Members for Ward 3(B) of Obio/Akpor Local Government Area of Rivers State, are hereby exhibited and marked as Exhibit ‘D’ and Exhibit ‘E’ respectively.
“In Exhibit E, the last person who registered as a member of the 2nd Defendant for Ward 3B of Obio/Akpor Local Government Area of Rivers State is Ibrahim Haruna, and that registration was on the 8th of February, 2026, with Serial No. 194 and party membership identification number APC32 1505001394.
“[The register was submitted] twenty-one days before the 15th day of May, 2026, the date freely chosen by the 2nd Defendant for the commencement of its primaries for the 2027 general election.
“Exhibit E does not contain the name Chinda Kingsley Ogundu, but the 2nd Defendant forwarded the said name to the 1st Defendant as the person who won its primaries, which were conducted on the 21st day of May, 2026.
Despite that, the 1st Defendant did not exclude the 2nd Defendant from fielding a candidate for the gubernatorial election of Rivers State, scheduled by the 1st Defendant to hold on the 6th day of February, 2027, as it did with others following the judgment of the apex court in Appeal No. SC/CV/495/2026 between Independent National Electoral Commission v. Zenith Labour Party.
“Chinda Kingsley Ogundu, who is not contained in Exhibit E, purportedly registered as a member of the 2nd Defendant on the 27th day of April, 2026, after the 2nd Defendant had forwarded Exhibit E to the 1st Defendant for the purpose of Exhibit D (the revised time table of the 1st Defendant).
“The 2nd Defendant’s temporary membership slip of Chinda Kingsley Ogundu, also known as Kingsley Ogundu Chinda, submitted to the 1st Defendant along with INEC Form EC9, is herewith exhibited to this affidavit and marked as Exhibit F.
“By the Register of Members of the Peoples Democratic Party for Obio/Akpor Local Government of Rivers State, the relevant portion of which is herewith exhibited as Exhibit ‘G’, and which was submitted by the Peoples Democratic Party pursuant to the 1st Defendant’s ‘Revised Time Table and Schedule of Activities for the 2027 General Election’, particularly Activity 2, Mr. Chinda Kingsley Ogundu is a member of the Peoples Democratic Party. He is listed at No. 74917 in Exhibit ‘G’,” the deponent added.
Consequently, the plaintiffs, through their team of lawyers led by Dr. Doueyi Fiderikumo, are seeking two principal reliefs:
“A declaration that the 2nd Defendant is ineligible to field a gubernatorial candidate for the election to the Office of Governor, Rivers State, scheduled to hold on the 6th day of February, 2027.
“An order directing the 1st Defendant to remove the 2nd Defendant, along with its candidate, from the list of political parties eligible to field candidates for the election to the Office of Governor, Rivers State, scheduled to hold on the 6th day of February, 2027.”
Meanwhile, no date has been fixed for the hearing of the matter.