A fresh political storm is brewing within the All Progressives Congress (APC) as six aggrieved members of the party from Ekiti State have dragged the Independent National Electoral Commission (INEC), the APC, and key political figures before the Federal High Court sitting in Abuja. The case, which challenges their alleged unlawful exclusion from the APC membership register, has raised serious questions about internal democracy and party discipline within the ruling party.
The suit, filed under number FHC/ABJ/CS/2273/2025, lists Omotoso Babatunde Peter, Akogun Abayomi Olumide, Fatai Bello Temitope, Babatola Ayodeji, Usman Ayodeji, and Chief Ropo Ige as the plaintiffs. The defendants are the Independent National Electoral Commission (INEC), the All Progressives Congress (APC), Professor Nentawe Goshwe Yilwatda, Senator Ajibola Basiru, and Biodun Abayomi Oyebanji, the current Governor of Ekiti State.
According to the Originating Summons, the plaintiffs approached the court under Section 36(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Order 3 Rule 9 of the Federal High Court (Civil Procedure) Rules, 2019. They are seeking judicial intervention over their alleged exclusion from the APC’s membership list in Ekiti State, describing the action as unconstitutional and a violation of their fundamental right to fair hearing and freedom of association. The summons, officially filed and stamped on 24th October 2025, directs the defendants to enter an appearance within 30 days of service, or risk the court proceeding in their absence.
In a strongly worded notice issued to the APC National Chairman and signed by Tosin Ojaomo Esq. and Olatunde Ojaomo Esq. of Ojaomo & Ojaomo Chambers, the plaintiffs’ counsel cautioned the party leadership against taking any further steps regarding internal primaries or party decisions connected to the disputed membership. The letter, titled “Notification of Pendency of Suit No: FHC/ABJ/CS/2273/2025”, specifically warned the APC to halt any action that could preempt the court’s decision, stressing that doing so would constitute contempt of court.
The lawyers cited the landmark Supreme Court ruling in Ojukwu vs Military Governor of Lagos State (1985) 2 NWLR (Part 10) 806, which held that once a matter is before a court of competent jurisdiction, no party has the right to take any step that may overreach or undermine the court’s authority. The letter noted that “when matters are submitted to a court of competent jurisdiction, parties can no longer take any step or action that will place a fait accompli situation on the court, as doing so would amount to contempt.”
Ojaomo & Ojaomo Chambers, in their advisory, urged the APC and all parties involved to maintain the status quo pending the determination of the case. The letter emphasized that any attempt to proceed with primaries, nominations, or further administrative decisions regarding the membership of the plaintiffs would be tantamount to insubordination to judicial authority. The firm attached a copy of the originating summons to reinforce the seriousness of the legal process and to remind the party of its obligation to respect the sanctity of the court.
The suit, which originates from Ekiti State, has intensified the internal crisis within the APC in the state, as the plaintiffs insist that their removal from the party register was politically motivated and executed without due process. Political observers in Ekiti see the case as a significant test of transparency and accountability within the ruling party, particularly as it prepares for the 2026 general elections.
The legal action also has broader implications for the APC’s internal administration across Nigeria, as it challenges the legality of party membership management and the extent to which party leaders can influence inclusion or exclusion of members without breaching constitutional rights. Analysts believe that the decision of the Federal High Court in Abuja could set a major precedent for other political disputes of similar nature across the country.
As of the time of filing this report, neither the APC leadership nor INEC had issued an official statement in response to the suit. However, the case is expected to come up for hearing in the coming weeks at the Federal High Court, Abuja Judicial Division.
