Dr Yakubu Mohammed Kingsley, popularly known as YMK, has appealed a court judgment affirming Mr Donald Duke as the validly nominated presidential candidate of the Peoples Redemption Party (PRP) for the 2027 general election.
Kingsley, who contested the party’s presidential ticket, is asking the Court of Appeal in Abuja to overturn the judgment and direct the Independent National Electoral Commission (INEC) to recognise him instead as the party’s presidential candidate.
In a notice of appeal filed through his lawyer, Abdullahi Muhammad, the aggrieved aspirant raised five grounds, challenging the trial court’s interpretation of party membership, the assessment of evidence and the validity of Duke’s nomination.
In the judgment being challenged, Justice Umar held, among other things, that membership of a political party is an internal affair of the party and is generally not justiciable, arguing that the court lacked jurisdiction to entertain the matter.
However, Kingsley, through his lawyer, contended that the trial judge erred in law by failing to properly consider the decision and press release issued by the party’s Presidential Primary Appeal Committee on June 6 before upholding Duke’s preliminary objection and dismissing the suit.
The appellant also challenged the court’s position that party membership falls exclusively within the internal affairs of a political party.
Muhammad argued that courts could intervene in appropriate pre-election disputes involving the conduct of party primaries, nomination or substitution of candidates, and compliance with electoral laws and party guidelines.
He further accused the trial court of failing to properly evaluate the evidence presented concerning Duke’s membership of the PRP and the circumstances surrounding his emergence as the party’s presidential flagbearer.
A major part of the appeal centres on alleged irregularities in the party’s presidential primary election.
Kingsley maintained that documentary evidence tendered before the trial court showed that the total votes recorded in Bauchi, Gombe and Kwara states exceeded the number of registered accredited voters in those states.
He argued that the alleged discrepancies amounted to over-voting and constituted a fundamental breach of electoral integrity.
The appellant further contended that the trial court failed to give proper consideration to evidence of alleged non-compliance with the PRP’s guidelines for conducting its presidential primary.
According to Muhammad, the aspirant presented credible evidence to show that Duke’s nomination allegedly violated the party’s guidelines and Section 66 of the Electoral Act, 2026, as cited in the appeal.
He argued that the guidelines, having been issued pursuant to the electoral law, were binding conditions for a valid nomination and that failure to comply with them could invalidate the process.
The lawyer also faulted the trial court for allegedly failing to apply relevant appellate court principles on the enforceability of political party guidelines in pre-election disputes.
In another ground of appeal, Muhammad challenged the finding that his client had failed to establish the relevant facts concerning voting irregularities or place the PRP’s membership register before the court.
He maintained that over-voting occurs when the number of votes cast exceeds the number of accredited voters, describing the alleged discrepancies as a serious breach requiring judicial intervention.
Kingsley is consequently seeking an order setting aside the judgment, directing INEC not to recognise Duke as the PRP’s presidential candidate and recognising him instead as the party’s duly nominated flagbearer.
The appeal places the dispute over the PRP’s presidential ticket before the appellate court, with the outcome potentially affecting the party’s preparations for the 2027 presidential election.
The allegations contained in the notice of appeal remain the appellant’s claims and are yet to be determined by the Court of Appeal.
