Court Dismisses Suit Against APC Ekiti South 1 Candidate Over Lack of Legal Standing

 

The Federal High Court sitting in Ado-Ekiti has dismissed a suit seeking to challenge the nomination of Toyin Okoro as the All Progressives Congress (APC) candidate for Ekiti South Federal Constituency I in the 2027 House of Representatives election.

Justice Babs Kuewumi struck out the suit, marked FHC/AD/CS/19/2026, filed by Babalotin Bayo against Okoro and three others, on the grounds that the plaintiff lacked the legal standing, or locus standi, to institute the action and that the court lacked jurisdiction to entertain it. 

Bayo had approached the court seeking to invalidate the outcome of the APC primary that produced Okoro as the party’s candidate for the constituency, which comprises Ikere, Ise-Orun and Ekiti South-West local government areas.

He had alleged, among other things, that Okoro violated public service rules by failing to resign from his public position before participating in the APC primary. 

Delivering judgment, Justice Kuewumi held that under Section 285 of the 1999 Constitution, as amended, and relevant provisions of the Electoral Act, only an aspirant who participated in a political party’s primary has the statutory right to challenge its conduct or outcome in court.

The judge consequently described the plaintiff as a “meddlesome interloper” and a “busybody” who lacked the legal standing to pursue the case. 

The court also held that the APC’s Ekiti State chapter does not have an independent legal personality that would allow it to be sued separately from the party’s national body, leading to its removal from the suit.

Okoro, an indigene of Ise-Ekiti, emerged as the APC candidate after defeating incumbent lawmaker AVM Rufus Ojuawo (retd.) in the party’s May 2026 primary. His nomination was subsequently confirmed by the APC National Working Committee. 

Reacting to the judgment, Okoro’s lead counsel, Dr Femi Ogunlade, described the ruling as a victory for the rule of law and internal party democracy, arguing that the plaintiff could not acquire a legal right to challenge a primary in which he did not participate.