Alex Enumah in Abuja
Justice Mohammed Umar of a Federal High Court, Abuja, on Wednesday fixed July 6 for definite hearing in the suit challenging the outcome of the primary election of the All Progressives Congress (APC), in Delta South Senatorial District.
The judge fixed the above date for definite hearing shortly after directing parties to file and exchange all necessary processes for and against the suit, filed by a former Chairman of the Delta State Oil Producing Areas Development Commission (DESOPADEC), Prince Micheal Diden.
The plaintiff’s suit was predicated on the 1st defendant’s (Senator Joel Onowakpo) declaration as winner of the APC’s primary election in the Delta South Senatorial District, held on May 18, 2026.
While Diden is the plaintiff in the suit dated and filed May 30, the Senator representing Delta South in the National Assembly, Senator Joel Onowakpo, APC and the Independent National Electoral Commission (INEC) are 1st, 2nd and 3rd respondents, respectively.
The former DESOPADEC boss, also known as “Ejele”, is claiming he secured the highest number of votes cast at the primary election, and should be declared candidate of the APC for the Delta South Senatorial District election, slated for January next year.
When the matter came up on Wednesday, plaintiff’s counsel, Mr. Bankole Akomolafe, SAN, reminded the court that the suit was slated for hearing and that he was ready to proceed.
He however noted that the 1st defendant’s lawyer, Mr. Habeeb Lawal, just served him with his statement of defence and as such needs about two days to file his reply to the defence statement.
The senior lawyer drew the attention of the Court to the fact that the defence statement was filed since June 24 and wondered why it was not immediately served on him as required by law.
Responding, trial judge asked parties to allow a few days adjournment to prevent obstacles in the hearing of the matter.
Based on agreement by all parties Justice Umar subsequently fixed July 6 for definite hearing in the matter.
The Judge also ordered that fresh hearing notice must be served on parties involved in the matter ahead of time so as not to give room for excuses in the suit marked FHC/ ABJ/CS/1094/2026.
At Wednesday’s proceedings, APC was represented by Mr. Lukman Fagbemi, SAN, while INEC has no legal representation despite being served with hearing notice.
The plaintiff by the suit is asking the court to declare him winner of the May 18, direct primary 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 the National Working Committee of the APC which organised the aforesaid 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 declared 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”, he claimed.
The plaintiff further averred the 1st Defendant made the aforesaid representations fraudulently in that he knew they were false or were reckless, not caring that they were true or false notwithstanding the monitoring of the 3rd Defendant officials at the election.
“Contrary to the above declaration of the false results announced by the 1st Defendant in the viral video pleaded above, the plaintiff through his agents in all the wards of the 8 Local Government Areas within the Delta South Senatorial District, Delta State have the authentic results of each ward intact in which the plaintiff defeated the 1st Defendant with a wide margin scoring 96,893 (Ninety Six Thousand, Eight Hundred and Ninety Three) votes as against the 1st Defendant’s 31,918 (Thirty-one Thousand, Nine Hundred and Eighteen) votes respectively”, he said.
The plaintiff added that sequel to the above 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”.
He added that his lawyers had written a similar complaint “about the desperate manipulation and the announcement of fake results of Monday, May 18, 2026 election by the 1st Defendant to the National Chairman of the 2nd Defendant.
“The Plaintiff avers that the 1st Defendant by his actions has not only embarrassed all the contestants of the election but has also cast aspersion on the entire election process, unless this Honourable Court grants the reliefs of the Plaintiff and put the record straight for all observers”.
Among reliefs he is seeking from the court are; a declaration that the plaintiff being the aspirant who scored the highest number of valid votes cast at the APC Primary Election for the Delta South Senatorial District, Delta State held on Monday, May 18, 2026 and having satisfied the requirements of the Constitution, Electoral Act, 2026 and the APC’s Direct Primaries Guidelines and Procedures, be declared the winner and he should be declared as the Candidate of the APC in the 2027 general elections of Delta South Senatorial District, Delta State in Nigeria.
He is also seeking an order directing the APC to immediately forward his name to INEC as the APC’s candidate for Delta South Senatorial District in the 2027 general elections.
Diden is also praying for an order directing INEC to accept and/or receive his name from the APC as the party’s candidate in the 2017 senatorial election in Delta South Senatorial District.
