The Federal High Court in Abuja on Monday fixed November 26 for judgment in a suit filed by Mr. Ehiozuwa Agbonayinma, a former member representing Egor/Ikpoba Federal Constituency in the House of Representatives, against the Nigeria Democratic Congress (NDC).
Agbonayinma is challenging the alleged unlawful substitution of his name with those of Mrs. Osayuki Asemota and Mr. Sunday Aguebor as the party’s candidates for the 2027 Edo South Senatorial District election.
Justice Joyce Abdulmalik fixed the judgment date after counsel for the plaintiff, Ayuba Antivas, and lawyers to the defendants adopted their processes and presented arguments for and against the case.
In the suit marked FHC/ABJ/CS/1250/2026, Agbonayinma listed the Independent National Electoral Commission (INEC), the NDC, Dr. (Mrs.) Osayuki Asemota, and Hon. Sunday Aguebor as the 1st to 4th defendants respectively.
The former lawmaker told the court that having scored the highest number of lawful votes in the May 29 Edo South Senatorial primary of the NDC, he ought to be declared the winner and the party’s candidate for the forthcoming election. He based his argument on the provisions of Section 285 (14) of the 1999 Constitution (as amended), read together with Sections 29 and 84 (14) of the Electoral Act, 2026 (as amended), as well as the party’s constitution and guidelines.
In an affidavit deposed to by him, Agbonayinma stated that he not only participated in the primary election but defeated all other contestants by scoring the majority of lawful votes. He attached the result of the primary election as Exhibit F.
He therefore sought an order setting aside the declaration, nomination and/or submission of the name of the 3rd and 4th defendants to INEC as candidates of the NDC for Edo South Senatorial District. He also prayed the court for an order directing the party to recognise, declare and return him as the winner of the poll, and to forthwith submit his name as its duly nominated candidate.
Additionally, he sought an order of perpetual injunction restraining all the defendants from recognising, presenting or sponsoring any person other than himself as the NDC’s candidate for the senatorial election, among other reliefs.
However, Aguebor, in a counter-affidavit filed by his lawyer, R.O. Isenalumhe, claimed that he defeated the plaintiff in the primary election and urged the court to grant his own reliefs.
The court will deliver its judgment on November 26.