Dr Yakubu Mohammed Kingsley (YMK), the aggrieved Peoples Redemption Party (PRP)’s presidential aspirant, has appealed the judgment affirming Mr Donald Duke as party’s valdily nominated candidate for the 2027 presidential election.
Kingsley, in a notice of appeal filed by his lawyer, Abdullahi Muhammad, at the Court of Appeal in Abuja, gave five grounds for the appeal.
The application, filed on Oct. 9, was made available to newsmen on Saturday.
NAN reports that Justice Mohammed Umar had, on Sept. 30, dismissed Kingsley’s suit seeking to void the emergence of Duke, former Governor of Cross River, as PRP presidential candidate.
Justice Umar, in the suit, marked: FHC/ABJ/CS/1234/2026, held that the issue of membership of a political party is an internal affair of the political party, which is non justiciable and over which the court lacked jurisdiction, among other grounds.
Dissatisfied with the judgment, Kingsley filed a notice of appeal on Friday.
In ground one, the lawyer argued that learned trial judge erred in law when he refused to consider the presidential Primary Appeal Committee decision and press release of June 6 in upholding Duke’s preliminary objection and dismissing his client’s suit.
He also submitted that Justice Umar erred when it held that the membership of a political party is exclusively an internal affair of a party.
He argued that a trial court can intervene if an aggrieved aspirant challenges the conduct of a primary election, the substitution or nomination of candidates or compliance with electoral law or party’s guidelines.
Muhammad said Justice Umar failed to properly evaluate the evidence before him, regarding Duke’s membership.
Besides, he stated that the trial court misapplied the principie of law governing the determination of political party membership.
He said the trial judge erred in law when he held that Duke was validly nominated as the presidential flagbearer of the party, having failed to properly consider and give effect to Kingsley’s evidence of non-compliance with the PRP Guidelines for the conduct of primary election.
The lawyer said the proponent of YMK Project adduced credible evidence before the trial court demonstrating that Duke’s purported nomination was in clear breach of the party’s guidelines and Section 66 of the Electoral Act, 2026
He said the lower court failed to appreciate that the said party’s guidelines, having been issued pursuant to the Electoral Act, 2026 (as amended), constitute a condition precedent for a valid nomination, and non-compliance therewith renders the nomination invalid.
He added that the trial court failed to apply the principle enunciated by the appellate court regarding the enforceability of political party’s guidelines in pre-election matters.
Muhammad equally argued that the lower court erred in holding that the appellant did not prove voting or place before the court the Ist respondent (PRP)’s membership register.
He argued that over-voting in a party primary is a fundamental breach of electoral integrity, defined by the Electoral Act, 2026 as occurring when votes cast exceed accredited voters.
He stated that Kingsley had demonstrably shown by exhibits that the total number of votes cast at the PRP presidential primary in Bauchi, Gombe and Kwara exceeded the total number of registered accredited voters for the states.
The lawyer further said that the decision of the lower court in favour of Duke was against the totality of the weight of evidence adduced and placed before the lower court by the respondents.
Muhammad, therefore, sought an order allowing the appeal.
He also sought an order of the court setting aside the decision of the whole judgment of the Federal High Court and grant their reliefs in the appeal in favour of the appellant.
Kingsley had, in his originating summons, urged the trial court to determine whether Duke was validly returned as the party’s presidential candidate in the May 25 primary election, having allegedly not been a registered member of the PRP when the party submitted its membership register to INEC on May 4.
He sought a declaration that Duke was ineligible to participate in the primary election and ought not to have been cleared to contest, having allegedly failed to physically appear for screening at the party’s national secretariat.
The plaintiff also prayed the court to set aside the results from Bauchi, Gombe and Kwara states over alleged over-voting and declare him the PRP presidential candidate for the 2027 elections.
He further sought an order directing the Independent National Electoral Commission (INEC) not to recognise Duke as the party’s presidential flag bearer and to instead recognise him as the PRP’s candidate.
