The legal tussle over the All Progressives Congress (APC) ticket for the Delta South Senatorial District ahead of the 2027 elections was on Monday adjourned once again by the Federal High Court in Abuja, due to the continued absence of the Independent National Electoral Commission (INEC).
Justice Mohammed Umar postponed proceedings in the suit filed by Prince Micheal Diden, a former Chairman of the Delta State Oil Producing Areas Development Commission (DESOPADEC), till Wednesday, July 8, to allow INEC to appear in court and present its position.
This marks the third time INEC has failed to appear in the matter, and the commission is yet to file any processes despite being served with the originating summons.
At Monday’s sitting, Bankole Joel Akomolafe (SAN) appeared for the plaintiff (Diden), while Lukman Fagbemi (SAN) announced appearance for Senator Joel Onowakpo, and Habeeb Lawal represented the APC.
Akomolafe informed the court that he had filed and served replies to the statements of defence from the 1st and 2nd defendants. He however noted INEC’s absence and conceded to a short adjournment, stressing the electoral body’s critical role in the suit. He also indicated that two video recordings related to the conduct of the primary election would be played in open court.
Diden is challenging Senator Joel Onowakpo’s declaration as the winner of the APC’s direct primary held on May 18, 2026. He claims he scored the highest number of votes and should be declared the rightful candidate for the Delta South Senatorial District in the 2027 general elections.
In his suit marked FHC/ABJ/CS/1094/2026, Diden accuses Onowakpo of manipulating results and announcing forged outcomes. He alleges that while the official collation and announcement of results were supposed to take place in Abuja, the 1st defendant prematurely declared himself the winner through media channels and viral videos.
The plaintiff claims he defeated Onowakpo with a wide margin, polling 96,893 votes against the latter’s 31,918 votes, based on authentic ward results from the eight local government areas in the district. He further states that stakeholders petitioned the APC national leadership to reject the alleged fraudulent declaration.
Among the reliefs sought are declarations that he is the rightful winner of the primary, an order directing the APC to forward his name to INEC as the candidate, and a directive for INEC to accept his candidature for the 2027 senatorial election.
The matter has now been shifted to July 8, with fresh notice to be served on INEC.
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