The Federal High Court in Abuja has adjourned to September 30 a suit challenging the outcome of the Nigeria Democratic Congress (NDC) governorship primary election in Delta State ahead of the 2027 general elections.
Justice Obiora Egwuatu adjourned the matter on Thursday to allow Alice Ogba and Francis Atanomeyovwi, the fourth and fifth defendants, respectively, to respond to the suit.
Ogba and Atanomeyovwi served as returning officers for Ughelli North and Okpe local government areas during the NDC Delta governorship primary held on May 29.
The suit, marked FHC/ABJ/CS/1636/2026, was filed by Ejaife Odebala, a former member of the Delta State House of Assembly representing Sapele State Constituency.
Odebala is challenging the emergence of Chris Iyavwoye as the party’s governorship candidate. He is asking the court to declare him the winner of the primary, arguing that he secured the highest number of votes after results from three local government areas were included in the tally.
The defendants in the case are Iyavwoye, the NDC, the Independent National Electoral Commission (INEC), Ogba, Atanomeyovwi and Ogbo Johnson.
Odebala, through his counsel, Fredricks Itula, SAN, is also seeking an order restraining Iyavwoye from presenting himself as the NDC’s governorship candidate for the 2027 election.
He wants the court to direct the NDC and INEC to replace any name already submitted as the party’s candidate with his name and compel the party to issue him the relevant nomination and election forms.
In his affidavit, Odebala said the NDC primary was conducted in 24 of Delta State’s 25 local government areas, with results collated at the local government level.
He alleged, however, that the party did not conduct a final state-level collation or submit final collated results to INEC on May 29.
According to him, certified copies of the local government results and INEC’s election monitoring report later showed that results from Ughelli North, Okpe and Isoko North had been excluded from the final tally.
Odebala claimed that the omission affected his overall score and prevented him from emerging as the party’s candidate.
He put his corrected total at 15,454 votes against Iyavwoye’s 12,015 votes, based on the inclusion of the disputed results.
At Thursday’s proceedings, Itula told the court that the fourth and fifth defendants had been served with the relevant processes but were still within the time allowed to respond.
He subsequently requested an adjournment to enable the parties to regularise their processes.
Justice Egwuatu granted the request and adjourned the case to September 30.
The court’s decision could determine whether the NDC’s current Delta governorship ticket remains intact or whether the party may be required to revisit the outcome of its May 29 primary.