Court May Nullify APC Presidential Primary Over Alleged Breach of Constitution, Electoral Act
By Douglas Ahiaba – Abuja
There are strong indications that a Federal High Court in the Federal Republic of Nigeria may declare null and void the scheduled presidential primary election of the ruling All Progressives Congress (APC) if the party proceeds with the exercise despite alleged breaches of its constitution and the Electoral Act 2022 (as amended), our correspondent has learned.
A reliable source revealed that an aggrieved presidential aspirant of the APC, Alhaji Lawal Beyero, who was allegedly denied access to the party’s presidential Expression of Interest and Nomination Forms, has concluded arrangements to seek legal redress following the refusal of the party’s Presidential Screening Committee to screen him as an aspirant for the forthcoming presidential primary election.
According to the source, Alhaji Lawal Beyero is a distinguished founding member of the APC, a former member of the Presidential Campaign Council and Youth Mobilization Committee for the Tinubu/Shettima 2023 campaign, a member of the Katsina House of Representatives Primary Election Committee in 2022, National Coordinator of the Asiwaju Renewed Hope Assured Organisation, Convener of the National Youth Dialogue 2024, and an up-to-date financial member of the party.
The source further disclosed that on May 4, 2026, Alhaji Lawal Beyero approached the APC Presidential Screening Committee to obtain the Expression of Interest and Nomination Forms with the intention of contesting for the office of the President of the Federal Republic of Nigeria. However, he was informed that he would be required to pay ₦30 million for the Expression of Interest Form and ₦70 million for the Presidential Nomination Form — a development he described as being in contravention of the APC Constitution and the Electoral Act 2022 (as amended).
The presidential aspirant is reportedly questioning the legality and constitutionality of the party’s decision to deny him what he described as his right as a financially up-to-date member of the APC.
According to Alhaji Lawal Beyero, a fundamental question begging for an answer is: at what point does a person become an “aspirant” within the meaning of the Electoral Act 2022 and the APC Constitution?
He argued that a person cannot properly be characterized as an aspirant and therefore subjected to obligations or financial conditions purportedly imposed on aspirants prior to the completion of screening or, at the very minimum, before obtaining and submitting the requisite forms.
He maintained that the party’s insistence that he must pay ₦100 million as a condition precedent to obtaining the forms on the grounds that such payment is required of “all aspirants” is circular, internally inconsistent, and legally indefensible.
According to him, he cannot be treated as an aspirant for the purpose of imposing financial obligations while simultaneously being denied the very access that constitutes the first step towards attaining that status.
Alhaji Lawal Beyero further stated that the APC Constitution (March 2022 as amended) confers upon every fully registered and financially up-to-date member of the party the unqualified right to vote and be voted for in any elective position within the party, as well as enjoy all privileges of membership.
He argued that, as a registered financial member of the APC, he falls squarely within the category of persons so entitled. Therefore, the imposition of undocumented financial prerequisites as a condition precedent to accessing the forms necessary to exercise that right constitutes a direct and unjustifiable infringement of Article 9(1) of the APC Constitution.
He also cited Section 84 of the Electoral Act 2022 (as amended), which he described as unambiguous in its provisions. According to him, political parties have no power to impose qualifications, disqualifications, measures, or conditions on any aspirant or candidate beyond those prescribed by law in their constitutions, guidelines, or rules for nomination processes.
Continuing, the presidential aspirant stated that the requirement to pay ₦100 million as a pre-screening or pre-form collection financial condition amounts to a financial disqualification measure imposed on intending aspirants.
He argued that such a condition operates in practical effect as a monetary barrier that disqualifies persons — regardless of their qualifications, party standing, or constitutional eligibility — solely on the basis of financial capacity, which, according to him, is precisely the kind of arbitrary restriction the Electoral Act was enacted to prevent.
Alhaji Lawal Beyero also raised concerns over the alleged absence of any published guidelines, circulars, resolutions, or party regulations mandating the payment of a pre-screening fee as a condition for obtaining the Expression of Interest or Nomination Forms.
He argued that the principles of natural justice, procedural fairness, and the operating in a democracy, is bound to uphold,require that any condition imposed on members, seeking to exercise their rights be Clearly published, disclosed, and accessible.
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In view of the foregoing the presidential aspirant further demanded that , the All Progressives Congress, APC, immediately produce all existing written guidelines, Circular, regulations and whether formal or internal that mandatorilly require intending aspirant for elective positions, and particularly for the office of the president of the federal republic of Nigeria,to pay pre-screening fee before Collecting the expression of Interest and nomination forms.
He also requested upon the productions of the guidelines, the rulling Party to demonstrates the lawful basis and Constitutional Validity of any such financial prerequisites, with particular reference to the Provision of section 85 of the electoral Act 2022(as amended) Article 9 (1)of the APC Constitution, and Section 1(1),1(3), and 42(1) of the Constitution of the federal of Nigeria 1999 as amended.
Finally, Alhaji Lawal Beyero warned that on formal notice if the All Progressives Congress fail to produce the aforementioned guidelines within 7 days from the days of the dates of receipt of this letter or in the event that no such guidelines exist,he has no option but legal redress before the federal high Court of Nigeria.
(DEMOCRACY NEWSLINE NEWSPAPER, MAY 18TH 2026)
