By Luminous Jannamike
ABUJA — All Progressives Congress (APC) chieftain and Zamfara North senatorial aspirant, Dr Sani Abdullahi Shinkafi, has asked the Independent National Electoral Commission (INEC) to withdraw the name of Senator Sahabi Alhaji Ya’u as the party’s candidate for the district, accusing the commission of defying a Federal High Court order nullifying the primary that produced him.
The demand followed the publication of Ya’u’s name by INEC despite the August 31 judgment of the Federal High Court, Gusau, which nullified the APC’s May 19 primary and ordered the party to conduct a fresh primary for all cleared aspirants within 14 days.
In a statement on Saturday, Shinkafi said the commission had been served with a certified true copy of the judgment and should not publish any candidate for the district until the fresh primary ordered by the court was conducted or the matter was determined by the appellate courts.
“It is inappropriate, unfair, unjust, justice juxtaposed and an assault on the nation’s emerging democracy for INEC to flagrantly violate a clear order of a court of competent jurisdiction,” Shinkafi said.
He said the continued publication of Ya’u’s name could undermine the authority of the judiciary and weaken public confidence in the electoral process ahead of the 2027 general election.
“The publication of any candidate’s name prior to a fresh primary election ordered by the court, or determination of the matter at the appellate court undermines the Judiciary as the temple of justice and the last hope of all aggrieved citizens,” he said.
Justice Hassan Dikko, in the judgment in Suit No. FHC/GS/CS/6/2026, held that due process was not followed in the conduct of the May 19 primary and set the exercise aside.
The court ordered the APC to conduct a fresh primary for Zamfara North within 14 days for all cleared aspirants, while directing INEC to accept and publish the name of any candidate who validly emerged from the fresh exercise.
Shinkafi said the responsibility of INEC went beyond publishing names submitted by political parties, insisting that the commission must also protect the credibility of the nomination process.
“As the electoral umpire, INEC should safeguard the credibility and integrity of the electoral process including the political parties’ nomination processes,” he said.
Shinkafi said the issue was more serious because INEC was a party to the suit and had been fully represented in the proceedings.
“Disobeying a court order in a matter which the commission was a party to and fully represented will erode public confidence in the electoral system,” he said.
Shinkafi also cited previous Supreme Court decisions in which APC primaries were nullified and electoral victories subsequently went to candidates of rival parties, including in governorship contests.
“It could be recalled that the Supreme Court had nullified the All Progressives Congress’ primaries in previous general elections and awarded victory to the political party that came second in the polls including governorship elections,” he said.
Separately, YAS Law Firm, counsel to Shinkafi, formally protested the publication in a September 18 letter to the INEC Chairman, describing Ya’u’s publication as unlawful and contrary to the subsisting judgment of the Federal High Court.
The letter, signed by S.Y. Aliyu, said the court had ruled that the May 19 exercise was conducted in breach of the Electoral Act, 2026, and ordered a fresh primary involving all cleared aspirants.
The lawyers said publishing Ya’u’s name before the fresh primary or final determination of any appeal would undermine the judicial process.
“Publishing any candidate’s name prior to the fresh primary election ordered by the court or the final exhaustion and determination of appellate proceedings (at the Court of Appeal and the Supreme Court) undermines the judiciary and violates electoral jurisprudence,” the letter said.
YAS Law Firm therefore urged INEC to immediately withdraw and stay the publication of Ya’u’s name pending the fresh primary ordered by the court or the final determination of the matter by the appellate courts.
The court also directed the APC and other defendants to sustain internal democracy and ensure that nomination processes complied with the party’s constitution, guidelines and the Electoral Act.
The dispute has therefore left the APC’s Zamfara North senatorial ticket subject to the outcome of the court-ordered fresh primary or any appellate proceedings, with Shinkafi insisting that INEC should not recognise a candidate produced by a primary already nullified by the court.
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