COURT POSTPONES APC DELTA SOUTH TICKET CASE OVER INEC’S ABSENCE
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By:Tajudeen Aminat
The legal dispute over the All Progressives Congress (APC) ticket for the 2027 Delta South Senatorial election was on Monday adjourned once again after the Independent National Electoral Commission (INEC) failed to appear before the Federal High Court in Abuja.
Justice Mohammed Umar postponed the hearing until Wednesday to allow INEC to appear and present its position in the suit filed by former Chairman of the Delta State Oil Producing Areas Development Commission (DESOPADEC), Prince Michael Diden.
The electoral body’s absence marked the third consecutive time it has failed to attend proceedings or file any response in the matter.
At Monday’s hearing, Bankole Joel Akomolafe (SAN) represented the plaintiff, while Lukman Fagbemi (SAN) appeared for Senator Joel Onowakpo and Habeeb Lawal represented the APC.
Akomolafe informed the court that he had filed and served his replies to the statements of defence submitted by Senator Onowakpo and the APC but noted that INEC was yet to file any process despite being served with the originating summons.
Describing INEC as a critical party in the case, the senior advocate agreed to an adjournment to enable the commission participate in the proceedings. He also disclosed that video recordings of the disputed APC primary election would be tendered in open court as evidence.
Following the agreement of all parties, Justice Umar fixed July 8 for hearing and directed that the fresh hearing date be communicated to INEC.
Diden is challenging the declaration of Senator Joel Onowakpo as the winner of the APC direct primary held on May 18, 2026, for the Delta South Senatorial District.
The plaintiff, in suit No. FHC/ABJ/CS/1094/2026, maintains that he secured the highest number of valid votes and should be declared the APC’s candidate for the January 2027 senatorial election.
He accused Senator Onowakpo of manipulating the outcome of the primary and announcing what he described as forged election results in violation of the APC’s prescribed procedure for collation and declaration of results.
According to Diden, the party’s National Working Committee had directed that all results be collated and officially announced in Abuja, but the first defendant allegedly declared himself winner through the media before the official announcement.
He further alleged that authentic ward results in his possession showed he polled 96,893 votes against Onowakpo’s 31,918 votes, insisting he won the primary by a wide margin.
Diden told the court that party leaders, stakeholders and members had petitioned the APC national leadership to reject the declared result, while his legal team also lodged a formal complaint over the alleged manipulation.
Among the reliefs sought, the plaintiff is asking the court to declare him the lawful winner of the APC primary, direct the APC to submit his name to INEC as its candidate for Delta South Senatorial District, and order the electoral commission to accept and recognise his nomination for the 2027 general election.
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