The Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) has asked the federal high court in Abuja to order the Independent National Electoral Commission (INEC) not to recognise the participation of Kingsley Chinda in the Rivers state All Progressives Congress (APC) governorship primary.
Chinda, a member of the house of representatives, is an ally of Nyesom Wike, the minister of the Federal Capital Territory (FCT).
The lawmaker was the sole aspirant in the Rivers APC governorship primary and was declared winner of the exercise held on May 21.
Siminalayi Fubara, governor of Rivers, withdrew from the APC governorship primary hours before the exercise.
Before contesting the APC governorship primary, Chinda was elected under the platform of the Peoples Democratic Party (PDP) as the lawmaker representing Obio/Akpor federal constituency of Rivers state.
He was also elected minority leader of the house of representatives.
Recently, there has been a controversy on whether Chinda formally defected from the PDP to APC before obtaining the nomination form of the ruling party.
THE SUIT
The suit, initiated by ALDRAP, was filed on May 12, days before the APC governorship primary.
Respondents in the suit are Chinda (first); George-Kelly Alabo, director-general of the Border Communities Development Agency (second); Independent National Electoral Commission (INEC) (third); speaker of house of representatives (fourth); APC (fifth); inspector-general of police (sixth); director-general of the Department of State Services (seventh); and attorney-general of the federation (eighth).
Alabo, who is the second respondent, obtained the APC Rivers governorship nomination form but withdrew from the race.
ALDRAP alleged that Chinda’s participation in the nomination and screening process of APC “amount to defection and/or conduct inconsistent with Section 68(1)(g) of the constitution”.
The group asked the APC to disqualify Chinda from contesting its Rivers governorship primary election.
“That the Plaintiff/Applicant reasonably believes that the actions of the 1st Defendant/Respondent amount to political defection and/or conduct inconsistent with the political party platform upon which he was elected into the House of Representatives,” part of the court documents reads.
“That Section 68(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that a member of the House of Representatives shall vacate his seat if being a person whose election was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which the House was elected except under constitutionally recognised exceptions.
“AN ORDER directing the 5th Defendant/Respondent, the All Progressives Congress (APC), to reject, disqualify and prevent the 1st and 2nd Defendants/Respondents from participating in the APC Rivers State Governorship Primary Election scheduled for 21st May 2026 or any subsequent date pending compliance with the Constitution and Electoral Act.
“AN ORDER directing the 3rd Defendant/Respondent, INEC, not to recognise or accord validity to the participation, nomination and/or candidature of the 1st and 2nd Defendants/Respondents in the APC Rivers State Governorship Primary Election scheduled for 21st May 2026 or any subsequent date.
“AN ORDER directing the 6th, 7th, and 8th Defendants/Respondents respectively, namely the Inspector-General of Police, Director-General of the Department of State Services (DSS), and the Attorney-General of the Federation and Minister of Justice, to perform their constitutional and statutory duties by maintaining law, order and public security and preventing the 1st and 2nd Defendants/Respondents and their supporters from attending or participating in the APC Rivers State Governorship Primary Election pending the determination of this suit.
“AN ORDER OF INTERIM INJUNCTION restraining the 1st and 2nd Defendants/Respondents from presenting themselves as eligible aspirants or candidates in the APC Rivers State Governorship Primary Election pending the hearing and determination of the Motion on Notice.”
