Suswam vs Udende: Court Sets October 12 for Judgment on Benue North East APC Primary

The Federal High Court sitting in Abuja has fixed October 12, 2026, for judgment in the legal dispute over the All Progressives Congress (APC) senatorial primary for Benue North East Senatorial District.

The case involves former Benue State Governor and Senator, Gabriel Torwua Suswam, incumbent Senator Emmanuel Memga Udende, the APC and the Independent National Electoral Commission (INEC).

The court reserved judgment after counsel to the parties presented their final submissions.

The dispute followed the APC senatorial primary conducted on May 18, 2026, in which Suswam was declared the winner before his name was subsequently replaced by that of Udende as the party's candidate for the 2027 general election.

According to the result announced by the APC's National Assembly Primary Election Committee, Suswam scored 131,083 votes, while Udende recorded 1,364 votes. Suswam was subsequently declared and returned as the winner of the primary.

Suswam, through his counsel, Jibrin Okutepa, SAN, is challenging the subsequent substitution.

He is asking the court to determine, among other issues, whether the APC could lawfully replace him after the primary and whether the circumstances surrounding the substitution complied with the applicable electoral law and the party's rules.

Among the reliefs sought by Suswam are declarations recognising him as the winner of the primary, orders challenging the purported submission of Udende's name to INEC and consequential orders directing the APC to recognise and forward his name to the electoral commission.

INEC's position

A notable aspect of the final hearing was the submission by INEC's counsel, Anthony Malik, SAN, that the commission's monitoring report and the primary election result had been placed before the court as exhibits.

Malik urged the court to do justice based on the evidence before it, including the primary result showing Suswam as the declared winner.

INEC's position is significant because the commission monitored the party primary. However, submissions made by counsel do not determine the outcome of the case. The court will ultimately decide the matter based on the pleadings, evidence, applicable law and arguments presented by the parties.

APC, Udende oppose Suswam's case

The APC and Senator Udende have opposed Suswam's suit.

Their respective counsel urged the court to uphold their objections and dismiss the case, leaving the court to determine the competing claims concerning the validity of the substitution and the legal status of the May 18 primary.

Could the court order a fresh primary?

A key question ahead of the judgment is what consequential order the court could make if it finds that the substitution was unlawful.

The court could, depending on its findings and the reliefs legally available, make an order affecting the disputed nomination. Such an order could potentially address the original primary result or provide another consequential direction.

However, a fresh primary would not automatically follow from a finding against the substitution. Whether the court can and should order another primary would depend on the applicable law, the reliefs sought, the evidence before the court and the specific circumstances established in the case.

The court could also dismiss the suit, uphold the existing nomination or make another order it considers appropriate under the law.

What is at stake?

The judgment could have important implications for the APC's senatorial ticket in Benue North East ahead of the 2027 general election.

If Suswam's challenge succeeds, the party's current nomination arrangement could be affected, depending on the precise orders made by the court.

If the suit is dismissed, Udende's nomination would remain in place, subject to the applicable electoral process and any further legal proceedings.

Any order for a fresh primary, if made, would create a new party nomination contest. While the May 18 result would provide a record of the outcome of the earlier primary, it would not determine the result of any subsequent election.

For now, attention is focused on the Federal High Court in Abuja, where Justice Inyang Ekwo is expected to deliver the judgment on October 12, 2026.

The decision is expected to determine another major stage in the dispute over the APC's senatorial ticket for Benue North East ahead of the 2027 elections.