...1st Defendant recognises the 2nd Defendant as its member and has produced both a membership card and a register containing his name.........Accordingly, the Plaintiff has not established the 2nd Defendant's ineligibility on the grounds advanced. Question four is resolved against the Plaintiff”.
By the two judgments of the 24th day of September, 2026, the Court nullified the primary of 26th May, 2026 on grounds relating to the conduct of that exercise, and directed the PDP to conduct a fresh gubernatorial primary election within 30 days, in accordance with the Electoral Act, 2026, its Constitution and its Electoral Guidelines, “affording the Plaintiff and all other aspirants whose clearance from the screening exercise of 14th May 2026 remains valid the opportunity to participate.” The Court's consequential orders restrained the PDP and the Commission only from recognising, accepting, publishing or giving effect to a nomination “arising from the exercise of 26 May 2026.” (Judgments annexed as Annexures B and C, respectively).
In compliance with the Court Order, the PDP gave the Commission due notice of the court-ordered primary, and conducted the fresh gubernatorial primary election on Tuesday, the 29th day of September, 2026. The exercise was conducted in accordance with the Electoral Act, 2026, the Constitution of the PDP and its Electoral Guidelines, and was attended, observed and monitored by officials of the Commission, whose monitoring report is in the Commission's custody (Annexure D hereto). At the conclusion of that exercise, Isa Ali Ibrahim emerged the winner, and his name was again submitted to the Commission as the nominated candidate of the PDP.
It is settled law, binding on the Commission, that the removal of a nominated candidate's name is exclusively a judicial act: DINGYADI & ANOR v. INEC & ORS (2011) LPELR-950(SC); RAYMOND v. INEC & ORS (2023) LPELR-61366(CA); AC & ANOR v. INEC (2007) LPELR-66(SC). The Commission's role in primaries is to attend, observe, monitor and report, not to disqualify, and not to cherry-pick.
In the circumstances, we have our Client's firm and unequivocal instructions to demand, and we hereby demand that the Commission, on or before Wednesday the 14th day of October, 2026, publish and circulate the name of Professor Isa Ali Ibrahim as the candidate of the Peoples Democratic Party for the office of Governor of Gombe State in the 2027 general elections, in the same manner and with the same prominence as the names of all other candidates published on the 10th day of October, 2026;
We trust that the Commission, as an impartial electoral umpire committed to the rule of law and compliance with judicial orders, will take immediate corrective action and confirm in writing the steps taken to resolve this matter.
Please accept the assurances of our professional regards.
Yours faithfully,
Ahmed Raji, SAN
A.T. Kehinde, SAN
Abdul Mohammed, SAN
Wale Balogun, SAN
Chief Tunde Falola, Esq.