Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The legal tussle over the All Progressives Congress (APC) ticket for the Delta South Senatorial District ahead of the 2027 elections was on Monday adjourned once again by the Federal High Court in Abuja, due to the continued absence of the Independent National Electoral Commission (INEC), marking the third time the electoral body has failed to appear in the matter. Justice Mohammed Umar postponed proceedings in the suit filed by Prince Micheal Diden, a former Chairman of the Delta State Oil Producing Areas Development Commission (DESOPADEC), till Wednesday, 8 July 2026, to allow INEC to appear in court and present its position. The commission has also not filed any processes in respect of the matter, despite being served with the originating summons.
At Monday's sitting, Bankole Joel Akomolafe, SAN, appeared for the plaintiff, while Lukman Fagbemi, SAN, announced appearance for Senator Joel Onowakpo, and Habeeb Lawal stood for the APC. Akomolafe informed the court that he had filed and served replies to the statements of defence from the 1st and 2nd defendants. He however noted INEC's absence and conceded to a short adjournment, stressing the electoral body's critical role in the suit. He also indicated that two video recordings related to the conduct of the primary election would be played in open court to enable the court arrive at a just conclusion.
Based on the agreement of lawyers, Justice Umar shifted the hearing till 8 July 2026, with an order that a fresh hearing date should be communicated to INEC. The suit, marked FHC/ABJ/CS/1094/2026, was instituted by Diden, who is challenging Senator Joel Onowakpo's declaration as the winner of the APC's direct primary election held on 18 May 2026, for the Delta South Senatorial District. Diden claims he scored the highest number of votes cast at the primary election and should be declared the rightful candidate of the APC for the Delta South Senatorial District election, slated for January 2027.
The plaintiff is asking the court to declare him winner of the May 18 direct primary election for the selection of the APC's candidate for the 2027 senatorial election in the district, on grounds that he scored the highest votes cast at the poll. In the Writ of Summons filed on his behalf by his team of lawyers led by Mr Bankole Joel Akomolafe, SAN, the plaintiff accused the 1st defendant of manipulation and announcement of forged and fake results. Diden in the statement of claim stated that the National Working Committee of the APC, which organised the primary election, announced the established procedures for the announcement of the result of the said election; that the collation and announcement of results would be conducted exclusively in an official briefing at Abuja after the submission of all results.
He averred that contrary to the instructions, the 1st defendant immediately ran to various media to pronounce himself the winner of the APC Direct Primary Election for the Delta South Senatorial District, Delta State held on Monday, May 18, 2026, thereby allegedly misinforming the public and particularly members of the senatorial district of the plaintiff. "The 1st Defendant connived and colluded with his cohorts to write forged results where he falsely declare himself the winner of the election, he did not only publish the forged results of the 8 Local Government Areas under the Delta South Senatorial District, Delta State in the various media, he also recorded his cohorts publicly declaring the false result in a video that has gone viral to mislead the people contrary to what actually transpired on the day of election where the plaintiff defeated the 1st Defendant with a wide margin," the plaintiff claimed.
The plaintiff further averred that contrary to the declaration of the false results announced by the 1st defendant in the viral video, he, through his agents in all the wards of the eight local government areas within Delta South Senatorial District, has the authentic results of each ward intact, in which he defeated the 1st defendant with a wide margin, scoring 96,893 votes as against the 1st defendant's 31,918 votes. He added that, sequel to the unequivocal and overwhelming victory he won at the poll, the leaders, stakeholders, elders, women, youths and registered members of the APC in the senatorial district wrote a formal petition to the party's national headquarters to denounce and reject the fraudulent declaration of the 1st defendant as the winner of the election.
Among the reliefs sought are declarations that he is the rightful winner of the primary, an order directing the APC to forward his name to INEC as the candidate, and a directive for INEC to accept his candidature for the 2027 senatorial election. The matter has now been shifted to July 8, with fresh notice to be served on INEC. This is the third time INEC has failed to appear in the matter, and the commission is yet to file any processes despite being served with the originating summons. At the Wednesday proceedings that preceded Monday's adjournment, INEC had no legal representation despite being served with hearing notice.
The case has drawn attention to the recurring challenge of INEC's non-attendance in pre-election disputes, which has repeatedly stalled judicial proceedings and delayed the resolution of political party primary disputes. The Federal High Court in Abuja had previously fixed July 1 for hearing in the suit, but the matter was adjourned to enable parties to file and exchange necessary processes. Now, with the case shifted to July 8, all eyes are on INEC to see whether the electoral body will finally appear in court to present its position on the disputed Delta South Senatorial primary. The outcome of the case will determine who emerges as the APC candidate for the Delta South Senatorial District in the 2027 general elections, a seat currently occupied by Senator Joel Onowakpo.oi
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