Court adjourns Delta south APC ticket suit as INEC fails to appear

Date:

By Jude Opara

The legal dispute over the All Progressives Congress (APC) ticket for the Delta South Senatorial District in the 2027 elections suffered another delay on Monday after the Independent National Electoral Commission (INEC) failed to appear before the Federal High Court in Abuja.
Peoples Daily reports that Justice Mohammed Umar adjourned the matter to July 8, following submissions by parties that INEC, a key defendant in the case, had neither appeared in court nor filed any response despite being served with the originating processes.
The latest absence marks the third consecutive time the electoral commission has failed to participate in the proceedings.
The suit was filed by former Chairman of the Delta State Oil Producing Areas Development Commission (DESOPADEC), Prince Micheal Diden, who is challenging the declaration of Senator Joel Onowakpo as the winner of the APC’s Delta South senatorial primary conducted on May 18, 2026.
At the hearing, counsel to Diden, Chief Bankole Joel Akomolafe (SAN), informed the court that replies had been filed to the statements of defence submitted by Senator Onowakpo and the APC. He agreed to the adjournment, stressing that INEC’s participation was essential to the determination of the case.
Akomolafe also told the court that video recordings of the disputed primary election would be played during the hearing to assist the court in resolving the issues raised in the suit.
Diden is asking the court to declare him the lawful winner of the APC primary, claiming he secured the highest number of valid votes cast.
He alleged that Senator Onowakpo unlawfully declared himself winner by relying on manipulated and forged results, contrary to the party’s prescribed procedure for announcing primary election outcomes.
According to the plaintiff, authentic ward-by-ward results showed he polled 96,893 votes against Senator Onowakpo’s 31,918 votes.
He further claimed that party leaders, stakeholders and his legal team petitioned the APC’s national leadership over what they described as the fraudulent declaration of the primary election result.
Among the reliefs sought, Diden is asking the court to declare him the APC’s valid candidate for the Delta South Senatorial District and compel the party to forward his name to INEC for the 2027 general election.
He also wants the court to direct INEC to accept his nomination if the suit succeeds.

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