The Federal High Court sitting in Minna, Niger State, has struck out the Statement of Defence filed by the African Democratic Congress (ADC), the first defendant in a suit challenging the emergence of Baba Shehu Agaie as the party’s candidate for the Niger South Senatorial District in the 2027 general election.
Justice Muhammad Bara’u Sa’idu, in a ruling delivered on Wednesday, September 16, 2026, held that the ADC’s Statement of Defence was filed outside the period prescribed by the Federal High Court Pre-Election Practice Directions applicable to the case.
The ruling followed an application challenging the validity of the first defendant’s Statement of Defence in the suit instituted by former Minister of Sports, Abdulrahman Hassan Gimba.
The judge held that the applicable Practice Direction provides a 10-day period within which the Statement of Defence ought to be filed and that the provision did not allow for an extension of time after the expiration of the stipulated period.
Justice Sa’idu consequently ruled that the first defendant had failed to file its Statement of Defence within the prescribed period.
“The Applicant’s Statement of Defence is hereby struck out,” the court declared.
The suit, marked FHC/MN/CS/55/2026, was filed by Gimba against the ADC, Baba Shehu Agaie and the Independent National Electoral Commission (INEC), challenging the process that produced Agaie as the ADC candidate for Niger South Senatorial District. Earlier reports on the case identified the plaintiff’s allegations as including claims that the primary election was not conducted in some local government areas and wards within the senatorial district.
Gimba, through his legal team, is also challenging Agaie’s eligibility to contest the primary, alleging that he was still a leader of the party when he contested the election.
Agaie emerged as the ADC’s Niger South senatorial candidate during the party’s primaries conducted in May 2026. Reports from the exercise identified him as the winner of the Niger South senatorial ticket, alongside the party’s candidates for the other senatorial districts and various federal constituencies in the state.
The court’s latest ruling is centred on the timing and validity of the ADC’s Statement of Defence. It does not, by itself, amount to a final determination of the substantive allegations challenging the conduct of the primary election or Agaie’s eligibility.
The case is therefore expected to proceed on the remaining issues before the Federal High Court in Minna.
