Warri, Delta State — The Federal High Court sitting in Warri, Delta State, has reserved judgment until November 24, 2026, in a suit challenging former Deputy Senate President, Senator Ovie Omo-Agege’s participation in the May 29, 2026, primary election of the Nigeria Democratic Congress (NDC).
The suit, marked FHC/WR/CS/120/2026, was instituted by Prof. Alexander Osondu Akpodiete, who is asking the court to disqualify Omo-Agege and declare him the rightful candidate of the party for the Delta Central Senatorial District election.
Justice Hyeladzira Ajiya Nganjiwa reserved judgment after hearing submissions from lawyers representing the parties, including the NDC and the Independent National Electoral Commission (INEC).
The proceedings featured conflicting submissions over the circumstances surrounding Omo-Agege’s alleged resignation from the All Progressives Congress (APC), his subsequent membership of the NDC and his participation in the APC senatorial primary held on May 18, 2026.
Counsel to Omo-Agege reportedly informed the court that his client resigned from the APC on May 5, 2026, joined the NDC the same day and did not participate in the APC senatorial primary conducted on May 18.
However, Akpodiete challenged that account, alleging that Omo-Agege participated in the APC primary, publicly presented himself as a contestant and subsequently claimed victory in media interviews, including appearances on Arise Television and other national platforms.
The conflicting submissions reportedly prompted the presiding judge to question how Omo-Agege could have participated in the APC primary on May 18 and claimed victory if, as his counsel maintained, he had resigned from the party on May 5.
The exchange reportedly elicited laughter in the courtroom, underscoring the dispute over the chronology of Omo-Agege’s alleged resignation, party membership and participation in the APC primary.
At the centre of the case is the question of Omo-Agege’s eligibility to contest the NDC primary, particularly the circumstances of his party membership and whether the alleged sequence of events complies with the applicable provisions of the Electoral Act, including the requirement relating to the 21-day notice period, as raised in the dispute.
Akpodiete is seeking a judicial determination of the contested circumstances surrounding Omo-Agege’s political affiliation and participation in the respective party primaries. He is also asking the court to disqualify the former Deputy Senate President and recognise him as the NDC candidate for Delta Central Senatorial District.
The suit has placed Omo-Agege’s NDC candidacy under judicial scrutiny, with the court’s forthcoming decision expected to address the substantive issues raised by the parties.
Until judgment is delivered on November 24, 2026, the dispute over the party’s recognised candidate for the Delta Central Senatorial District election remains unresolved.
The court’s ruling is expected to clarify the legal implications of the competing claims and determine the outcome of the reliefs sought by the parties.

