Sanni Salau Ogembe Was Disqualified: The Law, The Facts, And The Expectation of Justice
Lokoja, May 23, 2026
The All Progressives Congress (APC) is facing renewed scrutiny over its adherence to internal rules after controversy erupted around the House of Representatives primary for Okene/Ogori-Magongo Federal Constituency in Kogi State, with legal experts arguing that aspirant Sanni Salau Ogembe was not cleared to contest.
In his analysis in a statement on Saturday in Lokoja, legal practitioner Barr. Alabi Abdulsalam, said the integrity of the process hinges on the APC’s own screening outcome, which listed Ogembe among aspirants “NOT CLEARED” for the National Assembly primaries.
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“The integrity of any democratic process rests on one sacred principle, rules must apply equally to everyone.
“Once political parties abandon their own constitutions and screening procedures, internal democracy collapses and public confidence erodes,” Abdulsalam wrote.
According to him, the APC Screening Committees conducted the exercise “in line with established procedures and guidelines,” and multiple national publications confirmed Ogembe’s disqualification for Okene/Ogori-Magongo.
Under Article 19(iii) of the APC Constitution, only aspirants cleared by the Screening and Selection Committee are eligible to participate, unless the decision is overturned through the party’s appellate process.
The lawyer also cited Section 29(1) of the Electoral Act 2022, which requires political parties to submit candidates who emerged from “valid primaries.”
He argued that invalid participation cannot produce valid candidacy, and that a disqualified aspirant cannot legally emerge winner of a primary he was not qualified to contest.
The controversy deepened, the analysis said, when Ogembe allegedly declared himself winner despite his “NOT CLEARED” status and in defiance of an APC directive dated May 17, 2026.
That directive barred state committees from holding media briefings outside Abuja, stating that “any official briefing, where necessary, shall be conducted exclusively in Abuja after submission of all results.”
Abdulsalam framed the dispute as a national issue of constitutional consistency.
He noted that the APC had applied the “NOT CLEARED” outcome in Ondo, Rivers, Bauchi, and Ebonyi states, and questioned why Kogi should be treated differently.
“If aspirants disqualified in Ondo, Rivers, Ebonyi and Bauchi were expected to step aside based on the screening outcome, then constitutional equality demands that the same standard apply in Kogi State.
“Anything short of that would amount to selective enforcement, procedural inconsistency, and constitutional discrimination within the Party structure,” he said.
The legal practitioner warned that inconsistent enforcement has historically undermined electoral victories, citing the Rivers APC crisis and the Zamfara APC disqualification saga as reminders of the consequences of flouting internal procedures.
Courts, he said, have repeatedly held that valid primaries are mandatory and that unlawfully produced candidacies are vulnerable to nullification.
The analysis turned to Comrade Moses Omeiza Audu, described him as the highest-ranking cleared aspirant in the race, calling his emergence a reflection of the demand for constitutional legitimacy and procedural fairness.
He added: “Democracy is strongest when constitutional order prevails over political pressure.
“Political ambition must submit to constitutional procedure. Not the other way around”.
He urged the APC Appeal Committee and party leadership to uphold the screening outcome, prevent unconstitutional candidacy, and protect the party from avoidable litigation.
“The expectations are clear: uphold the integrity of the Party Constitution, respect the outcome of the screening process, and preserve public confidence in APC’s internal democratic structures,” he said.
Abdulsalam concluded that the moment represents a test of whether the APC will allow rules to remain stronger than influence.
“History often remembers not merely who contested elections, but who stood firmly on the side of constitutional order when institutions were tested,” he wrote.
_The author, Barr. Alabi Abdulsalam, is a legal practitioner._
End
(DEMOCRACY NEWSLINE NEWSPAPER, MAY 23RD 2026)
