Two-term member of the Delta State House of Assembly, Ejaife Odebala, has asked the Federal High Court in Abuja to declare him the 2027 governorship candidate of the Nigeria Democratic Congress, NDC, in Delta State.
Odebala, who represents Sapele State Constituency, is challenging the emergence of Chris Iyavwoye as the party’s candidate, claiming that he secured the highest number of votes in the NDC governorship primary held on May 29.
In a suit marked FHC/ABJ/CS/1636/2026, Odebala sued Iyavwoye, the NDC, the Independent National Electoral Commission, INEC, Alice Ogba, Hon. Francis Atanomeyovwi and Ogbo Johnson as the first to sixth defendants, respectively.
Through his lawyer, Fredricks Itula, SAN, the lawmaker is seeking a declaration that, having secured the highest number of votes in the primary, the NDC is legally precluded from submitting Iyavwoye’s name to INEC as its governorship candidate.
Odebala said he secured the highest number of votes in the primary, including results from Ughelli North, Okpe and Isoko North Local Government Areas, which he said were collated and declared by the fourth, fifth and sixth defendants, respectively.
He is also asking the court to declare that the NDC and INEC cannot lawfully recognize or act on any other final results from the primary apart from those collated, announced and declared by the party’s returning officers at the respective local government areas.
The plaintiff is further seeking an order restraining Iyavwoye from parading himself as the NDC candidate for the 2027 governorship election in Delta State.
He is also asking the court to order INEC and the NDC to replace the name of any person already submitted as the party’s candidate, including Iyavwoye, with his name.
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Odebala is seeking an order directing the NDC to issue him a nomination form, expression of interest form and Form EC9 as the winner of the May 29 primary.
He is also asking the court to compel the party to upload the documents and other necessary information on the INEC portal immediately.
In an affidavit filed in support of the suit, Odebala said the party conducted its governorship primary in 24 of the 25 local government areas of the state after all cleared aspirants participated in the process.
He said the results were collated at the respective local government areas but that there was “no final collation of results at the state level.” According to him, no final collated results were submitted by the NDC to INEC on May 29.
Odebala said his agents monitored the primary at the local government level and that he expected the party to declare him the winner based on the results.
He, however, alleged that after obtaining certified true copies of the results collated by the local government returning officers, as well as INEC’s report on its monitoring of the election, through his lawyer, he discovered that the results from Ughelli North, Okpe and Isoko North were excluded. He alleged that the omission artificially reduced his total votes and denied him victory in the primary.
Odebala claimed that if the results from the three local government areas were properly included, he would have polled 15,454 votes, while Iyavwoye would have secured 12,015 votes.
He urged the court to hold that he would be “greatly prejudiced” if INEC recognizes Iyavwoye as the NDC’s governorship candidate for the 2027 election.
Odebala therefore asked the court to exercise its powers in his favour, arguing that he secured the highest number of votes in the primary. Justice Obiora Egwuatu has fixed Monday for hearing in the case.
NAN
