‘Nomination Was Unlawful’ — NDC aspirant drags Omo-Agege, party to court

A senatorial aspirant on the platform of the Nigeria Democratic Congress (NDC), Chief Edafe Henry Onyeneyen, has approached the Federal High Court in Abuja to challenge the party’s nomination of former Deputy Senate President Ovie Omo-Agege as its candidate for the 2027 Delta Central Senatorial District election.

Onyeneyen is asking the court to declare Omo-Agege’s nomination unlawful, unconstitutional and invalid, alleging that the former senator was admitted into the party’s nomination process after the deadlines stipulated in its guidelines had expired.

Court documents obtained by SaharaReporters indicate that the aspirant filed an originating summons against the NDC, the Independent National Electoral Commission (INEC) and Omo-Agege, seeking to overturn INEC’s publication of the former senator as the party’s candidate.

The suit, marked FHC/ABJ/CS/1851/2026, was reportedly filed pursuant to Section 88(2) of the Electoral Act, 2026, Paragraph 7 of the Federal High Court (Pre-Election) Practice Directions, 2026, and the court’s inherent jurisdiction.

Aspirant Alleges Breach of Party Guidelines

The dispute centres on allegations that the NDC allowed Omo-Agege to participate in its Delta Central senatorial primary despite his alleged failure to meet the deadlines for obtaining nomination forms and completing the screening process.

In an affidavit supporting the suit, Godwin Oghenero Erheriene, identified as Onyeneyen’s personal assistant, stated that his principal was a registered member of the NDC and an aspirant for the senatorial seat.

According to the affidavit, the party published its guidelines, timetable and schedule of activities for the 2027 general election primaries on May 12, 2026.

Erheriene stated that Onyeneyen purchased his expression of interest form on May 16, 2026, a day before the deadline.

The affidavit maintained that the aspirant complied with the party’s requirements for participation in the primary election.

It further stated that the NDC conducted its Delta Central senatorial primary on May 29, 2026.

However, the applicant alleged that Omo-Agege was not an NDC member before the nomination process and defected to the party on May 28, barely a day before the primary.

The court document also alleged that Omo-Agege remained a registered member of the All Progressives Congress (APC) until shortly before his defection and had participated in the APC primary conducted on May 20, 2026.

Onyeneyen argued that Omo-Agege joined the NDC after the deadlines for purchasing expression of interest forms, conducting pre-qualification interviews, screening aspirants and hearing appeals arising from the screening process had elapsed.

Applicant Challenges Alleged Waiver

The aspirant further contended that the NDC’s decision to accommodate Omo-Agege despite the expired deadlines violated the party’s constitution and nomination guidelines.

Paragraph 13 of the supporting affidavit stated that the party’s constitution did not empower it or any of its organs to waive the deadline for purchasing expression of interest forms.

The document also argued that the constitution did not authorise an extension of the deadline in favour of any aspirant after it had expired.

The affidavit stated: “Despite the expiration of the deadline to purchase expression of interest form on the 17th May, 2026, the 1st Respondent permitted the 3rd Respondent who became a member of the party barely 24hrs before the election on the 29th May to participate as an aspirant in the primary election.”

Onyeneyen also challenged the alleged waiver reportedly used to accommodate Omo-Agege, arguing that the party’s constitution recognised a waiver only in relation to its minimum membership requirement.

“I know as a fact that there is no provision in the constitution authorizing a waiver of the deadline for purchasing expression of interest forms,” the affidavit stated.

The applicant further argued that no provision empowered any organ of the party to admit an aspirant into the nomination process after the prescribed deadline.

He consequently maintained that Omo-Agege’s participation in the primary was made possible by a waiver that was not recognised by the party’s constitution.

Aspirant Alleges Party Ignored Complaint

The suit also accused the NDC of failing to address Onyeneyen’s formal complaint concerning the conduct of the Delta Central senatorial primary.

According to the affidavit, the aspirant wrote to the party’s national chairman, challenging the process and requesting an immediate halt to the ratification, certification or submission of the disputed results.

The petition was titled “Petition Against the Conduct of the Delta Central Senatorial Primary Election and Request for Immediate Stay of Ratification, Certification or Submission of Disputed Results.”

However, the applicant alleged that the party failed to respond adequately to his concerns or establish an alternative dispute resolution committee to consider complaints from aggrieved aspirants.

“The 1st Respondent ignored the concerns raised in paragraph 16 above, [and] no alternative dispute resolution committee was set up to handle the numerous complaints raised by other aspirants for this purpose,” the affidavit stated.

Onyeneyen also argued that the NDC’s constitution and guidelines were binding on the party, its organs and every aspirant seeking its nomination.

He maintained that all aspirants were entitled to equal treatment under the party’s rules.

Reliefs Sought From Court

Following the primary election, the NDC reportedly submitted Omo-Agege’s name to INEC, which subsequently published his particulars as the party’s nominated candidate for Delta Central Senatorial District.

Onyeneyen is asking the court to determine whether the NDC’s authority to grant a waiver relating to its minimum membership requirement extends to waiving deadlines and other requirements governing its primary elections.

He is also seeking a determination on whether Omo-Agege’s nomination and sponsorship for the 2027 general election are unlawful, unconstitutional and void.

Another question before the court is whether INEC’s publication of Omo-Agege as the party’s candidate can validate a nomination alleged to have breached the Electoral Act and the NDC’s constitution.

Among other reliefs, the aspirant wants the court to declare that the NDC acted beyond its powers in nominating and sponsoring Omo-Agege.

He is also seeking an order setting aside INEC’s publication of the former deputy Senate president as the party’s candidate for the 2027 Delta Central senatorial election.

The applicant further wants the court to affirm the obligation of the NDC to conduct its affairs in accordance with its constitution and validly issued guidelines.

The originating summons was filed on his behalf by Promise W. Ekwueme and Easter C. Ordu of Edgefield Attorneys and Partners, Abuja.

The allegations contained in the suit are yet to be determined by the court.

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