The Federal High Court sitting in Warri, Delta State, has reserved judgment until November 24, 2026, in a suit challenging former Deputy Senate President Ovie Omo-Agege’s participation in the Nigeria Democratic Congress (NDC) primary election for the Delta Central Senatorial District.
The suit, marked FHC/WR/CS/120/2026, was instituted by Prof. Alexander Osondu Akpodiete, who is asking the court to disqualify Omo-Agege from the contest and declare him the rightful candidate of the NDC.
Justice Hyeladzira Ajiya Nganjiwa reserved judgment after hearing arguments from lawyers representing the parties, including the NDC and the Independent National Electoral Commission (INEC).
Disputed APC Resignation Sparks Courtroom Drama
A moment of courtroom drama reportedly unfolded during the proceedings when counsel to Omo-Agege told the court that his client had resigned from the All Progressives Congress (APC) on May 5, 2026, joined the NDC the same day, and did not participate in the APC senatorial primary conducted on May 18.
However, Akpodiete reportedly challenged that account, insisting that Omo-Agege participated in the APC primary, publicly presented himself as a contestant, and subsequently claimed victory in media interviews and appearances on Arise Television and other national platforms.
The conflicting submissions reportedly prompted the presiding judge to question how Omo-Agege could have participated in the APC primary on May 18 and claimed victory if, as his counsel maintained, he had resigned from the party on May 5.
The exchange reportedly elicited laughter in the courtroom, underscoring the controversy surrounding the circumstances of Omo-Agege’s alleged departure from the APC and his subsequent emergence as an NDC aspirant.
Eligibility and Party Membership at the Centre of Dispute
At the heart of Akpodiete’s case is whether Omo-Agege’s alleged resignation from the APC, his purported participation in the party’s May 18 primary, and the timing of his membership of the NDC have any legal implications for his eligibility to contest the NDC primary.
The plaintiff is also asking the court to determine whether the circumstances surrounding the change of party affiliation complied with the applicable provisions of the Electoral Act, particularly any requirements relating to the timing of party primaries and candidates’ eligibility.
Akpodiete wants the court to resolve the disputed claims regarding Omo-Agege’s party membership and participation in the respective primary elections and, consequently, declare him the authentic NDC candidate for the Delta Central Senatorial District.
Omo-Agege’s Candidacy Awaits Judicial Determination
The case has cast uncertainty over Omo-Agege’s candidacy under the NDC platform, with the final determination now resting on the court’s interpretation of the legal issues presented by the parties.
Until judgment is delivered, the competing claims over the party’s rightful candidate remain unresolved.
The court is expected to deliver its judgment on November 24, 2026, when it will determine the substantive issues raised in the suit.
The ruling could prove decisive in determining who is legally entitled to represent the NDC in the contest for the Delta Central Senatorial District seat.
