The legal battle between Senator Gabriel Suswam and incumbent Senator Emmanuel Udende over the Benue North-East Senatorial District APC ticket may take a fresh turn, as either party could apply to the Federal High Court for an earlier judgment following its decision to adjourn the matter until December 21.
Justice Inyang Ekwo fixed the date on Monday after hearing addresses from the parties on the implications of the Supreme Court’s September 24, 2026, decision in INEC v. Zenith Labour Party for the dispute.
The case, which was fixed for judgment on Monday, took an unexpected turn when the court requested the parties to address it on the Supreme Court ruling, which restored Sections 77 and 84(2) of the Electoral Act after the Court of Appeal had struck them out.
Section 77(5) provides that only members whose names appear on a political party’s membership register submitted to the Independent National Electoral Commission (INEC) are eligible to vote and be voted for in party primaries, congresses and conventions. Section 84(2) provides for the nomination of candidates through direct primaries or consensus.
After hearing the parties, the court adjourned the matter to December 21 for judgment.
However, the lengthy adjournment could prompt either party to explore available legal avenues to seek an earlier date, particularly in view of the constitutional timeline governing the determination of pre-election disputes, Jirgba Terfa Jirgba told TNT.
He said legal options may include an application asking the court to reconsider the date in the interest of expeditious determination, provided the application is properly founded in law and supported by compelling grounds.
A party may also make an appropriate administrative representation to the Chief Judge of the Federal High Court concerning the applicable constitutional timeline, although any such intervention would remain subject to the law and the court’s judicial independence.
The 180-day question
The dispute raises questions about the constitutional timeframe for determining pre-election matters.
Section 285(9) of the 1999 Constitution, as amended, provides a 180-day period for determining pre-election disputes, while Section 285(6) provides a separate 180-day limit for election petitions.
The Suswam-Udende case was instituted in July 2026. Whether the December 21 date presents a constitutional timing problem depends on the precise date the suit was commenced and the applicable constitutional provisions, says Jirgba.
The court’s decision to adjourn until December does not, by itself, establish that the constitutional deadline will be breached, he went on.
The court may also consider whether any adjustment to its schedule is warranted under the applicable law. Any application for an earlier judgment would, however, be a matter for judicial determination.
How the dispute started
Suswam is challenging his alleged unlawful replacement after emerging victorious in the APC primary election for the Benue North-East Senatorial District.
The primary election committee declared him the winner, but Sen Udende’s name appeared on the list of candidates.
INEC had earlier informed the court that its records showed Suswam won the primary election, having polled the highest number of valid votes.
Both parties, in their final addresses on Monday, urged the court to rule in their favour, either by dismissing the opposing claims or granting the reliefs sought.
With addresses adopted and judgment now fixed for December 21, attention is expected to turn to whether either party will seek an earlier date.
For now, the dispute remains before Justice Ekwo, with the court’s eventual decision expected to determine the legal outcome of the contest over the APC senatorial ticket.
