The Federal High Court in Abuja has adjourned until October 14 a suit seeking to nullify the emergence of Senator Ireti Kingibe as the African Democratic Congress (ADC) candidate for the Federal Capital Territory (FCT) Senatorial District in the 2027 general election.
Justice Salim Ibrahim fixed the new hearing date on Tuesday after counsel representing the parties unanimously agreed to the adjournment.
When the matter was called, counsel to Kingibe, Marshal Abubakar, informed the court that he was appearing under protest because his client had not been served with the originating court processes.
Abubakar told the court that he only became aware of the case through reports circulating on social media, prompting him to obtain copies of the court documents independently.
Responding, counsel to the plaintiff, Moses Awuru, acknowledged that the court bailiff had not completed service of the processes on Kingibe.
He explained that he became aware of the development on Monday and confirmed that the bailiff had already been provided with the necessary funds to effect service.
Awuru also informed the court that he had spoken with Abubakar earlier, expressing confidence that the defence lawyer would accept service of the court documents.
However, Abubakar maintained that he had merely applied for copies of the court papers after learning about the case and had not been officially served.
Counsel representing the ADC, Oladipupo Oladele, informed the court that the party had already been served and had responded by filing both a preliminary objection and a counter-affidavit challenging the competence of the suit.
Following the submissions, Justice Ibrahim directed Awuru to ensure that Kingibe is properly served with all court processes.
The judge subsequently adjourned the matter until October 14 for definite hearing.
He also ordered that hearing notices be issued and served on the Independent National Electoral Commission (INEC), which was absent during Tuesday’s proceedings.
The suit was instituted by an aggrieved ADC senatorial aspirant, Mubarak Tijani, who is asking the court to invalidate the party’s primary election that produced Kingibe as its candidate for the FCT Senatorial District.
Through his counsel, Kolawole Olowookere (SAN), Tijani also requested an order restraining the ADC from forwarding Kingibe’s name to INEC as the party’s candidate.
He further urged the court to restrain INEC from accepting, recognising or publishing Kingibe’s name based on the outcome of the disputed primary election allegedly conducted on May 21.
According to the plaintiff, the primary election violated the provisions of the Electoral Act 2026, the ADC Constitution and the party’s guidelines regulating the conduct of primary elections ahead of the 2027 general elections.
He therefore asked the court to declare the exercise unconstitutional, unlawful, null and void.
Tijani also sought an order compelling the ADC to organise a fresh, transparent and lawful primary election for the FCT Senatorial District in strict compliance with the Electoral Act, the party’s constitution and all relevant INEC guidelines.
The suit, marked FHC/ABJ/CS/1170/2026, was filed on June 4.
The defendants in the matter are Senator Ireti Kingibe, the African Democratic Congress and the Independent National Electoral Commission.
In an affidavit supporting the suit, Tijani stated that he is a registered member of the ADC as well as a registered voter.
He explained that after INEC released the timetable for party primaries ahead of the 2027 elections, he purchased the ADC’s Expression of Interest and Nomination forms, underwent screening and was cleared to participate in the party’s senatorial primary.
Following his clearance, he said he campaigned extensively and consulted delegates and party stakeholders across the FCT.
According to him, the party scheduled the primary election for May 21 and communicated the date and venue to aspirants, party members and INEC.
Tijani stated that he arrived at the designated venue on the scheduled date but discovered that election materials had not been deployed.
He claimed that aspirants, delegates and party supporters waited for several hours without any accreditation or voting taking place.
“On May 21, I was at the designated venue for the conduct of the primary election.
“Election materials required for the conduct of the primary election were not deployed to the designated venues.
“I know that the aspirants, party members and supporters waited for several hours in anticipation of the commencement of voting.
“I know as a fact that no accreditation or voting exercise was conducted at the designated venue.
“I know that no aspirant nor party members were afforded the opportunity to cast their vote for any aspirant,” he stated.
Tijani further alleged that officials and electoral materials meant for the primary election were diverted to a private residence in Gudu, Abuja, which he claimed belongs to Kingibe.
According to him, the location was not among the officially approved venues communicated to aspirants and stakeholders.
He alleged that despite the absence of any lawful voting process, results were later collated at the residence and Kingibe was declared winner of the primary election.
“I later discovered that results were being surreptitiously collated at the premises of the 1st defendant notwithstanding the fact that no primary election took place,” he alleged.
The plaintiff insisted that the declared result did not emerge from any valid voting process witnessed by party members.
“I know as a fact that the purported result did not emanate from any voting process known to me or witnessed by party members who assembled for the exercise,” he said.
He argued that the alleged irregularities denied him and other party members the opportunity to participate in a free, fair and credible primary election.
Tijani urged the court to intervene, warning that unless the disputed result is set aside, the defendants would continue relying on what he described as a fabricated outcome to violate both his rights and the democratic rights of party members.
