The Independent National Electoral Commission (INEC) has told a Federal High Court in Abuja that former Benue State Governor, Gabriel Suswam, emerged winner of the All Progressives Congress (APC) primary election for the Benue North East Senatorial District.
The declaration has thrown fresh weight behind Suswam’s legal battle against the APC’s decision to recognise incumbent Senator Emmanuel Udende as its candidate for the 2027 election.
INEC’s counsel, Anthony Malik, SAN, disclosed the commission’s position during proceedings in a suit filed by Suswam challenging the APC’s choice of Udende.
In the suit marked FHC/ABJ/CS/1470/2026, Suswam is asking the court to declare him the validly elected APC senatorial candidate, insisting that he won the party’s primary election.
The former governor joined the APC, Udende and INEC as defendants in the suit.
Malik told the court that documents submitted by INEC on the conduct of the primary election showed that Suswam won the exercise.
He urged the court to rely on the official result and report of the primary already placed before it and uphold Suswam’s victory.
According to him, the electoral body’s records clearly reflected the outcome of the primary election.
Suswam’s lawyer, Jibrin Okutepa, SAN, also urged the court to grant all the reliefs sought by his client.
Okutepa asked the court to dismiss the preliminary objections filed by the APC and Udende, arguing that the objections were without merit.
But counsel to the APC, A.G. Yirvoms, urged the court to uphold the party’s preliminary objection and dismiss Suswam’s suit.
The dispute followed the APC’s decision to give its Benue North East senatorial ticket to Udende despite Suswam’s claim that he won the party’s primary.
The legal battle has now shifted to the court, with INEC’s position that its records show Suswam as the winner potentially becoming a major factor in determining the case.
The Federal High Court has fixed October 12, 2026, for judgment.
