By John Azu
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 party’s primary election for a Bauchi State House of Assembly seat.
Maigari filed the suit before an FCT High Court, challenging the decision to replace his name with that of Mohammed Abubakar as the ADC candidate for the Madara/Chinade State Constituency in the 2027 general elections.
According to the suit, Maigari polled 1,419 votes at the primary election, defeating his closest rival, Abubakar, who scored 261 votes.
In the suit filed by his lawyers, M.M. Mshelia Esq. and M. Jibril Esq., Maigari, who resides in Kofar Fada, Bulkachuwa, Bauchi State, is asking the court to determine whether, under Section 84 of the Electoral Act 2026, the name of a candidate who emerged as the winner of a primary can lawfully be replaced and another candidate’s name submitted to and published by INEC.
Maigari contends that the ADC’s substitution of his name with that of Abubakar is unlawful, unconstitutional, null and void.
He is therefore seeking, among other reliefs, “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 election held on May 22, 2026.”
He is also seeking an order of perpetual injunction restraining INEC from recognising or publishing Abubakar’s name as the ADC candidate for the constituency in the 2027 general elections.
Giving background to the dispute, Maigari said he was surprised to discover that his name had not been submitted to INEC after the primary, despite the fact that he had neither withdrawn his candidacy nor died.
He further stated that the declaration of results submitted 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, certified him as the winner of the primary.
The result declaration stated that Maigari, “having satisfied the requirements of the ADC (African Democratic Congress) 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 State House of Assembly candidate for Madara/Chinade District.”
Replacement occurred despite Atiku’s assurance
Maigari’s replacement came despite assurances reportedly given by the leadership of the ADC, including its presidential candidate, Atiku Abubakar, at the commencement of the party’s primary elections.
According to Maigari, the party leadership had assured aspirants that the primaries would be conducted fairly and that no candidate would be asked to withdraw or step down for another aspirant.
The plaintiff is consequently asking the court to intervene and uphold the outcome of the primary in which he says he secured the highest number of votes.