Delta: Odebala Sues NDC, INEC, Four Others over Guber Primary

*Asks court to declare him party’s candidate

Alex Enumah in Abuja

Hon. Ejaife Omizu Odebala has dragged the Nigeria Democratic Congress (NDC), the Independent National Electoral Commission (INEC) and four others before a Federal High Court, Abuja, over the outcome of the party’s governorship primary in Delta State.

Odebala by the suit marked: FHC/ABJ/CS/1636/2026, is specifically asking that he be declared the winner of the Delta State governorship primary held on May 29, 2026, on the grounds that he scored the highest number of votes cast at the poll.

In the suit dated July 29, 2026, and filed by his team of lawyers led by Fredricks Itula, SAN, Odebala among others is asking for a declaration that having scored the highest number of votes cast in the Delta State Governorship Primary Election (including the votes from Ughelli North LGA, Okpe LGA and Isoko North LGA collated and declared by the 4th, 5th and 6th Defendants respectively) held on the 29th May, 2026, the 2nd Defendant is legally precluded from submitting the name of any other person whatsoever, including the name of the 1st Defendant, to the 3rd Defendant as the candidate or flag bearer of the 2nd Defendant in the 2027 Delta State Governorship General Election.

The plaintiff is further asking for another declaration that the 2nd and 3rd Defendants cannot lawfully recognise and act on any other final results for the Delta State Governorship Primary Election conducted on May 29, 2026, other than the results collated, announced and declared by the 2nd Defendant’s Returning Officers at the respective Local Government Areas for the Delta State Governorship Primary Election on May 29, 2026.

“A declaration that the 3rd Defendant was legally precluded or prohibited from accepting the name of any other person whatsoever, including the name of the 1st Defendant, as the candidate or flag bearer of the 2nd Defendant for the 2027 Delta State Governorship Election.

The plaintiff further sought:

“A declaration that the Plaintiff, having scored the highest number of valid votes cast at the Delta State Governorship Primary Election of the 2nd Defendant held on the 29th May, 2026, ought to and should be returned and declared the winner of the 2nd Defendant’s Delta State Governorship Primary Election and, accordingly, be returned as the candidate of the 2nd Defendant for the 2027 Delta State Governorship Election.”

The plaintiff also sought an order restraining the 1st defendant from parading himself as the candidate of the NDC for the 2027 governorship election in Delta State.

He equally sought an order mandating INEC and the NDC to replace the name of any person already submitted, including that of the 1st defendant, with that of the plaintiff as the party’s lawful candidate.

He prayed the court for:

“An order commanding or mandating NDC to issue the Plaintiff with nomination form, expression of interest form and Form EC9 as the winner of the NDC Delta State Governorship Primaries held on May 29, 2026.”

He further sought:

“An Order mandating the party to upload the aforementioned documents and other necessary information on the INEC portal forthwith.”

In his affidavit, Odebala contended that, as one of the cleared aspirants, the party successfully conducted the primary election in 24 out of the 25 local government areas of the state.

He added that while the results were collated at the respective LGAs, there was “no final collation of results at the State level” and that no final collated results were submitted by the NDC to INEC on May 29, 2026.

According to him, his agents monitored the process at the LGA level, and he expected to be declared the winner by the party, but this did not happen.

He added that when, through his lawyer, he obtained certified true copies of the results collated by the LGA Returning Officers and INEC’s report on the monitoring of the NDC primary election, he was shocked to “discover that results for specified local governments (Ughelli North, Okpe and Isoko North) were completely excluded, thereby artificially reducing my total votes and denying me my victory.”

According to him, if the results are properly collated, his total votes would be “15,454,” while the 1st defendant would have “12,015” votes.

His lawyer urged the court to hold that the plaintiff would be “greatly prejudiced” if INEC unlawfully recognises the 1st defendant as the NDC governorship candidate.

He urged the court to exercise its powers in the plaintiff’s favour, having scored the highest number of votes cast.

Chris Iyavwoye, NDC, INEC, Alice Ogba, Hon. Francis Atanomeyovwi and Ogbo Johnson are the first to sixth respondents, respectively.

Meanwhile, the matter continues before Justice Obiora Egwuatu on September 7, 2026.