Hon. Ejaife Omizu Odebala has initiated legal proceedings against the Nigeria Democratic Congress (NDC), the Independent National Electoral Commission (INEC), and four other parties in a Federal High Court in Abuja. The lawsuit, marked FHC/ABJ/CS/1636/2026, stems from the outcome of the party's governorship primary election in Delta State, which took place on May 29, 2026. Odebala is contesting the results, asserting that he scored the highest number of votes and should be declared the party's candidate for the upcoming 2027 governorship election.
In his suit, filed on July 29, 2026, Odebala's legal team, led by Fredricks Itula, SAN, argues that the NDC is legally barred from submitting any other name, including that of the current purported candidate, to INEC. He claims that the results from key local government areas, specifically Ughelli North, Okpe, and Isoko North, were improperly excluded from the final tally, which he believes undermined his total vote count.
Odebala's affidavit highlights that, as a cleared aspirant, he participated in a primary election that was conducted across 24 of the 25 local government areas in Delta State. However, he contends that there was no final collation of results at the state level, leading to a situation where the NDC did not submit a complete report to INEC on the day of the primary. This lack of final results, he argues, has resulted in a significant misrepresentation of the election outcome.
The plaintiff claims that his agents monitored the voting process at the local government level and expected to be declared the winner based on the votes cast. However, he was shocked to discover discrepancies when he obtained certified true copies of the results from the local government area Returning Officers and INEC's monitoring report. Odebala asserts that the exclusion of results from the specified local governments artificially reduced his total votes, denying him the victory he rightfully earned.
According to his calculations, had the results been accurately collated, Odebala would have received 15,454 votes, while the current candidate would have only 12,015 votes. His legal representatives have urged the court to recognize the potential prejudice he faces if INEC acknowledges the current candidate as the NDC's nominee for the governorship election.
Odebala is seeking several declarations from the court, including that he should be recognized as the winner of the NDC Delta State Governorship Primary Election and that the party should issue him the necessary nomination forms to participate in the upcoming election. He also seeks an order to prevent the current candidate from representing the NDC in the 2027 governorship election.
The defendants in the case include Chris Iyavwoye, the NDC, INEC, and several individuals associated with the party and the electoral process. The matter is currently scheduled for hearing before Justice Obiora Egwuatu on September 7, 2026.
This legal dispute highlights the ongoing challenges within Nigeria's political landscape, particularly regarding the integrity of party primaries and the electoral process. As the 2027 governorship elections approach, the outcome of this case could have significant implications for the NDC and its candidates in Delta State. Odebala's case underscores the importance of transparent electoral processes and the need for parties to adhere to established guidelines to ensure fair competition among candidates.
The political environment in Nigeria has been fraught with controversies surrounding party primaries, often leading to disputes that can escalate into legal challenges. Odebala's situation is not an isolated case; it reflects a broader pattern where aspirants contest the legitimacy of primary elections, raising questions about the credibility of the electoral system.
As the legal proceedings unfold, political observers and party members alike will be watching closely to see how the court rules on this contentious issue. The implications of the court's decision could resonate beyond Delta State, impacting the broader political dynamics within the NDC and potentially influencing voter sentiment as the elections draw nearer. The NDC, as a political party, must navigate these turbulent waters carefully to maintain its integrity and public trust, especially as it prepares for a crucial election cycle. the outcome of Odebala's lawsuit could set a precedent for how party primaries are conducted and contested in Nigeria. It raises critical questions about electoral fairness and the mechanisms in place to ensure that all candidates are treated equitably. As the date for the court hearing approaches, the stakes are high for all parties involved, and the political landscape in Delta State remains on edge, awaiting a resolution that could shape the future of governance in the region.