The Federal High Court, Abuja Division, on Thursday adjourned a suit filed by a former member of the Delta House of Assembly, Ejaife Odebala against the Nigeria Democratic Congress (NDC) over the outcome of the party’s governor primary in the state until Septmber 30.

Other ‌⁠‍‍⁠⁠‌⁠‌⁠⁠‍‌‌defendants are Chris Iyavwoye, the Independent National Electoral Commission (INEC), Alice Ogba, Francis Atanomeyovwi and Ogbo Johnson as the first to sixth defendants, respectively.

Justice Obiora Egwatu adjourned the case to allow the fourth and fifth defendants, who were the two returning officers in the primary poll, to respond to the suit.

The officers, Messrs Ogba and Atanomeyovwi, served as returning officers for Ughelli North LGA and Okpe LGA during the NDC Delta governorship primary election held on May 29.

Mr Odebala, who represented the Sapele state constituency, urged Mr Egwuatu to compel NDC to declare him the winner of the primary held on May 29, having scored the highest number of the votes cast.

In the suit, marked FHC/ABJ/CS/1636/2026 and filed by his lawyer, Fredricks Itula, SAN, Mr Odebala sought a declaration that, having scored the highest number of votes cast in the Delta governorship primary election, the NDC is legally precluded from submitting Mr Iyavwoye’s name to INEC as its candidate.

Mr Odebala submitted that he got the highest votes in the poll held on May 29, including the votes from Ughelli North LGA, Okpe LGA and Isoko North LGA, collated and declared by the fourth, fifth and sixth defendants, respectively.

He, therefore, sought an order restraining Iyavwoye from parading himself as the candidate of the NDC for the 2027 governorship election in the state.

He equally sought an order mandating INEC and the NDC to replace the name of any person already submitted, including Mr Iyavwoye’s name, with his as the party’s lawful candidate.

Mr Odebala prayed the court for an order mandating NDC to issue him with a nomination form, expression of interest form and Form EC9 as the winner of the primaries held on May 29, among others.

In the affidavit attached to the suit, Mr Odebala averred that, as one of the cleared aspirants, the party successfully conducted the primary election in 24 out of the 25 local government areas of the state.

He added that while the results were collated at the respective LGAs, there was “no final collation of results at the state level” and that no final collated results were submitted by the NDC to INEC on May 29.

According to him, his agents monitored the process at the LGA level, and he expected to be declared the winner by the party, but this did not happen.

He alleged that when he obtained the certified true copies of the results collated by the LGA returning officers and INEC’s report on the monitoring of the election, through his lawyer, he was shocked to “discover that results for specified local governments (Ughelli North, Okpe and Isoko North) were completely excluded.”

He said this artificially reduced his total votes and denying him the victory.

He further alleged that if the results were properly collated, his total votes would be 15,454, while Mr Iyavwoye’s votes would have been 12,015.

He urged the court to hold that he would be “greatly prejudiced” if INEC unlawfully recognises the Iyavwoye (1st defendant) as the NDC governorship candidate.

Mr Odebala prayed the court to exercise its powers in his favour, having scored the highest number of votes cast.

When the case was called on Thursday, Mr Itula informed the court that the fourth and fifth defendants had been served and were “still within time to respond to his processes.”

He then sought an adjournment to enable the parties to regularise their processes.

Consequently, the judge adjourned the case until September 30. 

(NAN)