The Federal High Court in Abuja has struck out the pre-election suit filed by former Rivers State Governor, Rotimi Amaechi, challenging the emergence of former Vice President Atiku Abubakar as the presidential candidate of the African Democratic Congress (ADC) for the 2027 general election.
Justice Joyce Abdulmalik struck out the case on Friday after Amaechi’s counsel, Jibrin Okutepa, SAN, informed the court that the matter had been resolved amicably by the parties.
The News Agency of Nigeria (NAN) reports that Amaechi had approached the court to contest the outcome of the ADC presidential primary conducted on May 25, which produced Atiku as the party’s flag bearer.
During the proceedings, Okutepa told the court that an application seeking the discontinuance of the suit had already been filed following the settlement reached by the parties.
The senior advocate subsequently urged the court to strike out the matter.
After considering the application, Justice Abdulmalik granted the request and formally struck out the suit.
Before withdrawing the case, Amaechi had sought an order nullifying the presidential primary election that produced Atiku as the ADC candidate.
He argued that the exercise violated the provisions of Sections 77(5) and 77(6) of the Electoral Act, 2026, the ADC Constitution, 2026, and Sections 2, 2.1 and 2.2 of the party’s guidelines governing the conduct of primary elections for the 2027 general election.
The former Minister of Transportation had also asked the court to restrain Atiku from presenting himself as the ADC presidential candidate for the 2027 election, insisting that he was the rightful winner of the primary.
Amaechi further requested an order preventing the Independent National Electoral Commission (INEC) from recognising Atiku as the party’s presidential candidate.
In addition, he prayed the court to compel the ADC to organise a fresh presidential primary election within 14 days, in compliance with the Electoral Act, the party’s constitution and its electoral guidelines.
The suit, marked FHC/ABJ/CS/1215/2026, listed Atiku Abubakar, the African Democratic Congress and the Independent National Electoral Commission as first, second and third defendants respectively.
In an affidavit personally deposed to, Amaechi stated that he is a registered member of the ADC in Ward 8, Ubima, Ikwerre Local Government Area of Rivers State.
He also informed the court that he is a registered voter qualified to vote and contest elections under Nigerian law.
The former governor described himself as a graduate of English Language from the University of Port Harcourt and a legal practitioner.
Amaechi explained that he purchased the ADC presidential nomination form, underwent screening alongside other aspirants and was cleared to participate in the party’s primary election.
According to him, he deployed agents and coordinators across the country to monitor the conduct of the exercise at the national, state and ward levels.
He alleged that the final results released by the party on May 27 showed Atiku polling 1,846,370 votes, while he scored 504,177 votes to finish second. Another aspirant, Mohammed Hayatu-Deen, was credited with 177,120 votes.
Amaechi maintained that the entire electoral process was fundamentally flawed and conducted in violation of the Electoral Act, the ADC Constitution and the party’s own guidelines.
He argued that political parties are required by law to submit their membership registers to INEC at least 21 days before conducting primaries, congresses or conventions.
However, he alleged that the ADC failed to use any official membership register during its presidential primary.
Instead, he claimed the party relied on procedures outlined under Section 10.8(6) of its guidelines.
Amaechi also alleged that the party never applied to INEC for a certified true copy of its membership register for use during voter accreditation.
He told the court that he personally monitored the election in several polling locations within his local government and observed irregularities.
Among the alleged irregularities, he pointed to the declaration of results, which he said was unsigned, undated and contained no provision for the names or signatures of members of the election committee.
He further claimed that none of his agents signed the declaration form.
The former governor said he subsequently wrote to the National Organising Secretary of the ADC requesting certified true copies of the membership register allegedly used during accreditation.
According to him, the party responded by stating that no membership register was used during the election.
He also petitioned the party’s Presidential Appeal Committee under Section 11 of the election guidelines and appeared before the committee to adopt his petition while presenting additional written submissions.
Amaechi said after the committee failed to communicate its decision, he wrote to the National Chairman of the party, Senator David Mark, drawing attention to the delay.
He stated that when the party leadership failed to address his complaints, he decided to seek judicial intervention by filing the suit.
With Friday’s ruling, the legal challenge has now been formally discontinued following the reported settlement between the parties.
