The Court of Appeal in Abuja has upheld the nomination of House of Representatives member Thomas Ereyitomi as the All Progressives Congress candidate for Warri Federal Constituency in Delta State, dismissing a challenge brought by another aspirant, Ekpoto Ekpoto Emmanuel.
A three-member panel led by Justice Danlami Senchi affirmed the earlier Federal High Court ruling that the central complaint concerned alleged membership of two political parties, an internal party matter outside the court’s jurisdiction in the circumstances presented.
Emmanuel had alleged that Ereyitomi was a member of both the APC and the Nigeria Democratic Congress when he contested the APC primary on May 16, 2026. He asked the court to invalidate Ereyitomi’s victory and declare him the party’s candidate instead.
On August 6, Federal High Court Justice Mohammed Umar dismissed the action for lack of jurisdiction. Emmanuel appealed, arguing that the trial court should have considered the substance of the dual-membership allegation.
Justice Donatus Okorowo, delivering the appellate court’s lead judgment, said the dispute was not framed as a complaint about procedural noncompliance or manipulation of the primary but about party membership. The panel agreed that the lower court had acted properly in declining jurisdiction.
The appellate court also observed that Emmanuel had not produced sufficient evidence to establish the alleged dual membership. It noted evidence presented on Ereyitomi’s behalf, including testimony concerning party registers, and said the failure to join the NDC was significant to the allegation.
The judgment leaves Ereyitomi’s nomination standing under the proceedings described. The matter was identified as FHC/ABJ/CS/1079/2026, with the APC, INEC and Ereyitomi named among the defendants.
The decision illustrates the legal distinction between a challenge to a party’s compliance with nomination rules and a dispute centered on who belongs to a political party. Any further legal step would depend on applicable appeal rights and court processes.
