A legal practitioner, Obere A. Kana, Esq., has declared the Social Democratic Party (SDP) governorship primary election conducted in Nasarawa State on September 5, 2026, invalid, alleging that the exercise contravened key provisions of the Electoral Act, 2026.
Kana, who is an associate of Senator Ahmed Aliyu Wadada, the All Progressives Congress (APC) governorship candidate, made the assertion in a statement issued in Keffi.
He alleged that the SDP violated Sections 33 and 82(1) of the Electoral Act in the process leading to the conduct of the primary.
According to Kana, the party had initially submitted Musa Adamu Angba’s name to the Independent National Electoral Commission (INEC) as its governorship candidate pursuant to Section 29(1) of the Act, after which the Commission published Angba’s particulars on August 29, 2026, in accordance with Section 29(3).
Kana, however, said Angba had earlier withdrawn his candidature through an affidavit sworn before the Federal High Court in Abuja on June 10, 2026, reportedly in favour of Mohammed Abubakar Adamu.
He argued that Section 33 of the Electoral Act requires a political party to conduct a fresh primary within 14 days of a candidate’s withdrawal in order to nominate and submit a replacement.
Kana maintained that the SDP’s decision to conduct its replacement primary on September 5, more than 14 days after the alleged withdrawal, amounted to a breach of the statutory requirement and rendered the exercise “null and void ab initio.”
He also challenged the notice given by the party to INEC ahead of the primary, citing Section 82(1), which requires political parties to notify the Commission at least 21 days before conducting primaries.
He said the SDP’s notice, dated August 24, 2026, for a primary scheduled for September 5, provided only 13 days’ notice.
Citing Section 82(6), Kana argued that failure to comply with the mandatory notice requirement invalidates the primary.
He further referenced Section 88(3), which, according to him, prevents a candidate produced through such an invalid process from contesting the election.
“There are various precedents decided by superior courts on this,” Kana said, insisting that the alleged breaches raise significant legal questions over the validity of the SDP primary and the candidacy of its eventual flag bearer.
He urged stakeholders to examine the circumstances surrounding the primary in light of the relevant provisions of the Electoral Act and existing judicial precedents.
