Court of Appeal upholds order for fresh APC primary in Zamfara North

Background The All Progressives Congress (APC) held a senatorial primary for the Zamfara North district ahead of upcoming national elections. Dr Sani Abdullahi Shinkafi, an aspirant, challenged the result, alleging that the primary had not been properly conducted and that the party’s own guidelines and the Electoral Act had been breached. In August 2026, the Federal High Court in Gusau ruled in Shinkafi’s favour, declaring the primary void and ordering the APC to organise a fresh election within fourteen days.

Appeal Court Decision Senator Sahabi Ya’u Kaura appealed the High Court judgment, contending that the lower court lacked jurisdiction and that the burden of proof had been wrongly placed on him. The Court of Appeal, sitting in Sokoto, dismissed the appeal and upheld the High Court’s authority to hear the case. Justice Tunde Oyebamiji Awotoye delivered the judgment, reaffirming the earlier decision and confirming that the primary was nullified due to gross non‑compliance with party rules and the Electoral Act.

The appellate bench examined seven specific issues raised by the appellant. It rejected the jurisdictional objection, noting that the respondent had exhausted internal party dispute mechanisms before seeking judicial redress. The court also dismissed a statute‑bar argument, finding that the suit had been filed within the prescribed period. Evidence presented by Shinkafi showed a stark discrepancy between the 26,000 registered APC members in the district and the 70,000 votes recorded for the declared winner, indicating over‑voting and other irregularities that rendered the exercise invalid.

Counsel for Shinkafi, Bello Galadi, described the ruling as a reinforcement of the rule of law and a deterrent to parties that ignore internal democratic procedures. Shinkafi himself thanked the judiciary, framing the judgment as a step toward equitable political representation after years of perceived marginalisation.

Implications The decision obliges the APC to organise a new primary for Zamfara North within two weeks, ensuring that the process complies with both party constitutions and national electoral regulations. By upholding the lower court’s order, the appellate court underscored the judiciary’s role in overseeing internal party democracy, a principle that may influence similar disputes across Nigeria’s political landscape.

The ruling also highlights the judiciary’s willingness to scrutinise party‑generated election data, particularly where vote totals exceed the number of registered members. Observers note that the case serves as a reminder that political actors, regardless of seniority, are subject to legal standards governing party elections.

The fresh primary is expected to be conducted promptly, with the APC required to adhere to the procedural guidelines set out by the court to avoid further legal challenges.