A fresh crisis has hit the Nigeria Democratic Congress after its governorship aspirant, Mukhtar Muhammad, and four other aggrieved members filed a suit at the Federal High Court seeking to nullify the party’s primary elections conducted in Kano State.
The plaintiffs are also asking the court to restrain the Independent National Electoral Commission from recognising candidates that emerged from the May 28, 2026 exercise.
In an Originating Summons filed before the Federal High Court, the five NDC members, Shuaib Abubakar Fagge, Mustapha Salisu Musa, Musa Hudu Yusuf, Mukhtar Muhammad, and Mahfuz Yahuza, challenged the legality of the primaries. They alleged widespread violations of the Electoral Act, the party’s constitution, and its guidelines for the 2027 general election.
The suit raises questions over how nomination forms were distributed to aspirants. The plaintiffs alleged that the party unlawfully delegated the sale and distribution of its Expression of Interest and Nomination Forms in Kano State to a single individual. They argued that the arrangement allowed one party member to decide who could obtain forms and participate in the primaries.
According to the court documents, the plaintiffs said the process violated the Electoral Act, 2026, and the NDC constitution and guidelines. They insisted that the responsibility for issuing nomination forms could not legally be transferred to an individual or faction within the party.
The aspirants further claimed that no valid primary election known to law was conducted. They alleged there was no proper accreditation of delegates or members, voting, counting, or collation of votes as required under the Electoral Act and the party’s guidelines.
The plaintiffs said they were unlawfully denied nomination forms despite being eligible members of the party. They argued that they were excluded from participating in the governorship, House of Representatives, and Kano State House of Assembly primaries for Fagge, Tarauni, and Gwale constituencies.
They asked the court to declare that the party breached its constitutional and statutory obligations by denying them equal opportunity to contest and by failing to provide what they described as a level playing field for all aspirants.
Among the reliefs sought, the plaintiffs requested declarations nullifying the entire primary elections conducted by the NDC in Kano State on May 28, 2026. This includes the governorship, House of Representatives, and State Assembly primaries.
They also urged the court to set aside the Certificate of Return issued to Aminu Suleiman Goro as the party’s candidate for the Fagge Federal Constituency. The suit seeks to restrain him from parading himself as the party’s flag bearer pending the conduct of fresh primaries.
The plaintiffs are seeking perpetual injunctions restraining INEC from accepting, recognising, publishing, or acting upon the names of candidates produced through the disputed primaries. They also asked the court to compel the NDC to organise fresh primary elections for the affected constituencies in strict compliance with the Electoral Act, the party’s constitution, and its election guidelines.
In addition, the lead plaintiff is requesting a refund of ₦2 million allegedly paid for his Expression of Interest and Nomination Form, along with ₦200 million in general and exemplary damages for alleged breach of contract and denial of the opportunity to participate in the primaries.
The suit was filed by counsel Moses Ademola Falana of Nayara Legal Consult. The case is expected to test the legality of the NDC’s primary election process in Kano and could impact the party’s preparations ahead of the 2027 general election if the court grants the reliefs sought.
