A member of the African Democratic Congress (ADC), Basiru Maigari, has sued the party, the Independent National Electoral Commission (INEC) and his opponent over the substitution of his name as the winner of the primary election for a Bauchi State House of Assembly seat.
Maigari brought the suit before an FCT High Court, contending that he polled 1,419 votes as against the 261 votes by his closest rival, Mohammed Abubakar, for the Madara/Chinade Bauchi State House of Assembly constituency election ahead of 2027.
Maigari’s replacement came despite assurances by the leadership of the party, including presidential candidate, Atiku Abubakar, at the beginning of the primaries, that there would be fair competition for positions, and that no candidate would be asked to step down for another in the party.
In the suit filed by his lawyers: M.M. Mshelia Esq and M. Jibril Esq, Maigari, who lives at Kofar Fada, Bulkuchuwa in Bauchi State, is asking the court to determine whether, under Section 84 of the Electoral Act 2026, his name, being that of the rightful winner of the primary of May 23, 2026, can be replaced with another and published by INEC.
Maigari contends that the ADC’s substitution of his name with that of his opponent, Mohammed Abubakar, is unlawful, unconstitutional, null and void.
Therefore, he is seeking “A declaration that he was the validly elected candidate of the ADC for the Madara/Chinade Bauchi State House of Assembly constituency election, having scored the highest number of valid votes cast at the primary held on May 23, 2026.”
Further, he seeks an order of perpetual injunction restraining INEC from recognising or publishing the name of Abubakar as the candidate of the political party for the 2027 general elections.
Giving a background to the dispute, Maigari explained that after the primary, he was surprised to see that his name was not submitted to INEC despite not withdrawing his candidacy or being deceased.
Furthermore, he noted that the declaration result form sent to INEC and signed by the Chairman and Secretary of the State House of Assembly Primary Election Committee, Nuhu M. Kore and Usman Abubakar respectively, had certified him as the winner of the May 23, 2026 primary.
The result declaration noted that Maigari, “having satisfied the requirements of the ADC Constitution and Guidelines and scored the highest number of votes, is hereby declared the winner of the primary election, and is returned elected/nominated as the party’s candidate for State House of Assembly, Madara/Chinade District.”
