APC faces fresh defections as court voids INEC timelines

The ruling All Progressives Congress (APC) is facing a wave of fresh defections and deeper internal cracks after a Federal High Court in Abuja had nullified key provisions of the Independent National Electoral Commission’s (INEC) timetable and guidelines for the 2027 general elections.

The judgement, delivered on Thursday by Justice Mohammed Umar, has effectively reopened the political space for aggrieved aspirants and party members seeking alternative platforms after losing party primaries.

The court held that INEC lacked the constitutional and statutory powers to impose deadlines shorter than those provided in the Electoral Act 2026, ruling that political parties can validly submit particulars of candidates up to 120 days before elections and substitute candidates up to 90 days before polls.

Justice Umar further ruled that the electoral commission could not dictate timelines for party primaries, campaign schedules, or membership register submissions outside the provisions of the Electoral Act.

Before the ruling, political parties were required to submit membership registers to INEC not later than May 10, while all primaries had to be concluded by May 30, 2023.

INEC had also insisted that only party members whose names appeared in registers earlier submitted to the commission could participate in primaries, while political parties were mandated to give the commission 21 days’ notice before conducting congresses and primaries.

Read also: APC presidential primary: Turn out in large numbers for Tinubu, Olawande urges Ondo residents

However, Thursday’s judgement effectively relaxed those restrictions and reopened the window for membership changes, candidate substitutions and political defections ahead of the elections.

The development is expected to have far-reaching implications for the APC, which is already battling internal discontent following contentious primaries across several states.

BusinessDay gathered that the APC is significantly ahead of other political parties in the process of nominating candidates for the 2027 elections, having already conducted governorship, National Assembly and state assembly primaries in many states.

But the exercises have reportedly left behind a trail of grievances, litigations and threats of defection.
More than 70 APC lawmakers at the National Assembly and state assembly levels are said to have lost return tickets during the primaries, heightening tensions within the ruling party.

While some aggrieved party members have vowed to challenge the outcomes in court, others who spoke to BusinessDay in confidence said they were weighing several options including defecting to rival political parties.

Hours after the court judgement, Abdulmajid Isa Umar Mai Rigar Fata, a member of the Kano State House of Assembly representing Gwale Constituency, defected from the APC to the Nigeria Democratic Congress (NDC) after failing to secure the party’s ticket for another term.

The lawmaker was formally received in Abuja by former Kano State governor and one of the NDC leaders, Rabiu Musa Kwankwaso, who described the defection as a major boost to the party’s grassroots strength in Kano.

Mai Rigar Fata, who was first elected in 2023 on the platform of the NNPP before later joining the APC, lost the APC ticket in the primaries held last Saturday.

Also joining the NDC were former Gwale Local Government Vice Chairman, Kabiru Sani Auwal Obi, and Malam Mahadi Isa Umar.

The defections came only hours after the Federal High Court ruling, fuelling speculation that more aggrieved APC aspirants may soon dump the ruling party.

Just before the judgement, Sani Lawal, member representing Zango/Baure Federal Constituency in Katsina State, dumped the APC. Senator Garba Maidoki, representing Kebbi South, also left the ruling party after being disqualified from the senatorial race.

Similarly, former APC National Youth Leader Sadiq Abubakar, and Abdullahi El-Rasheed, a member of the House of Representatives from Gombe State, exited the party over alleged injustice and imposition associated with the party’s consensus arrangement.

Voices point to defections, internal cracks in APC

Political observers say the judgement could fundamentally alter the calculations ahead of the APC presidential primary scheduled for the weekend.

Former Ekiti State governor, Kayode Fayemi, had earlier warned that the APC was drifting away from the democratic ideals upon which it was founded.

Speaking on State Affairs, a podcast hosted by Edmund Obilo, Fayemi criticised the growing culture of consensus arrangements and the shrinking space for internal competition within the party.

“This is not where the party has come from. We have lost our bearing and the vision of the founding fathers of this party,” he said. He warned that sidelining aspirants through imposition could deepen resentment and trigger instability.

Weighing in, Chief Chekwas Okorie, elder statesman and former presidential candidate, described the court verdict as “a very comprehensive judgement” capable of reshaping Nigeria’s political landscape ahead of the 2027 elections.

Okorie predicted that the judgement would likely trigger fresh waves of defections from the APC as aggrieved aspirants denied tickets seek opportunities in rival parties.

In a telephone interview with BusinessDay, Okorie said the ruling addressed longstanding concerns about provisions in INEC’s guidelines which, according to him, curtailed constitutional rights to political participation and freedom of association.

“I’m yet to fully study the details, but from what I have seen so far, I think the judge did a thorough job,” he said.

Okorie argued that the judgement removed what he described as “obnoxious constraints” that prevented politicians from freely seeking alternative political platforms in a multiparty democracy.

He also questioned INEC’s decision to appeal the ruling. “What has INEC got to lose by simply complying with a well-considered judgement of the courts?” he asked. According to him, further legal action by the electoral commission could heighten political tension and uncertainty ahead of the elections.

Similarly, Bernard Mikko, political scientist and former federal lawmaker, commended the judiciary for what he described as defending constitutional democracy against political overreach.

“Impunity has persisted under successive governments, and we want that impunity to stop,” Mikko said. The former Rivers State governorship aspirant criticised INEC’s planned appeal, insisting that the commission should remain neutral and independent.

“What is the interest of INEC appealing a judgement that is in sync with the constitution? It should be neutral. Let political parties be free. Let INEC be independent. No government should manipulate INEC in order to undermine the rule of law,” he added.

Opposition parties have also hailed the judgement, describing it as a victory for constitutional democracy.

The African Democratic Congress (ADC), in a statement signed by Bolaji Abdullahi, its National Publicity Secretary, said the ruling vindicated its earlier opposition to aspects of the INEC guidelines.

The ADC further argued that the immediate impact of the ruling may already be unfolding across party lines, especially within the APC where tensions from disputed primaries remain unresolved.