Public affairs commentator raises questions over APC resignation, NDC membership register, waiver and nomination process
ABUJA, NIGERIA — A concerned citizen, public affairs commentator and political writer, Fegor Ogene, JP, has called on the Independent National Electoral Commission (INEC) to provide an official clarification regarding the inclusion of Senator Ovie Omo-Agege, the Nigeria Democratic Congress (NDC) candidate for Delta Central Senatorial District, on the list of candidates for the 2027 general elections.
In an open letter addressed to the INEC Chairman, Ogene requested clarification on the documentary and legal basis for accepting Omo-Agege’s nomination, particularly in light of the Supreme Court judgment of September 24, 2026, which, according to the letter, restored provisions of the Electoral Act 2026 relating to political party membership registers and candidate nomination procedures.
Ogene stressed that his request was not intended to prejudge Omo-Agege’s eligibility or suggest that the Supreme Court had specifically ordered his disqualification. Rather, he said, it was aimed at establishing whether INEC had examined the relevant documents and applied the statutory requirements consistently before publishing the candidates’ list.
He maintained that transparency in the nomination process was essential to sustaining public confidence in the electoral system.
QUESTIONS OVER REPORTED APC RESIGNATION AND PRIMARY PARTICIPATION
A major issue raised in the letter concerns the reported dates of Omo-Agege’s resignation from the All Progressives Congress (APC) and his participation in the party’s senatorial primary.
According to Ogene, one account puts Omo-Agege’s resignation date at May 5, 2026, while other reports indicate May 22, 2026. He also referred to a reported APC primary held on May 18, 2026.
Ogene argued that the discrepancies in the reported dates required clarification, particularly regarding Omo-Agege’s membership status at the time of the APC primary.
He urged INEC to establish the actual resignation date from available records, including any resignation letter submitted to the appropriate party authority and evidence of its receipt.
He also asked the Commission to clarify whether Omo-Agege participated in the APC primary and, if so, the capacity in which he did so.
According to the letter, the questions should be resolved through documentary evidence rather than political arguments or speculation.
Ogene acknowledged that the reported dates needed independent verification, noting that the legal implications would depend on the facts established and the applicable law.
MEMBERSHIP REGISTER AT THE CENTRE OF THE CONTROVERSY
The letter also raised questions about Omo-Agege’s reported membership of the NDC before the party’s senatorial nomination exercise.
Ogene referred to Omo-Agege’s reported position that his name appeared on the NDC membership register submitted to INEC before May 10, 2026.
He said the claim was relevant to the controversy but stressed that it needed to be assessed against the original membership register and the Commission’s official records.
He therefore asked INEC to confirm when the NDC submitted the relevant register, whether Omo-Agege’s name appeared on the original document, the membership date recorded against his name and whether the Commission verified compliance with the statutory requirements.
Ogene further requested clarification on whether the register used in assessing the nomination was the same one submitted to INEC within the prescribed period.
He maintained that the original register and supporting documents were central to determining whether the nomination complied with the applicable electoral provisions.
SUPREME COURT JUDGMENT AND ELECTORAL ACT PROVISIONS
In his letter, Ogene referred to the Supreme Court judgment of September 24, 2026, which he said restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 after setting aside a Court of Appeal decision declaring the provisions unconstitutional.
He noted that the provisions concern party membership registers, participation in nomination exercises and procedures for selecting candidates.
Ogene argued that the judgment raised questions about how INEC assessed the NDC’s Delta Central senatorial nomination against the applicable statutory requirements.
However, he emphasised that the Supreme Court had not specifically named Omo-Agege and ordered his disqualification.
He also cautioned against interpreting the judgment as automatically validating every nomination submitted to the electoral commission.
According to him, the relevant question is whether the facts surrounding the individual nomination satisfy the requirements of the law.
OGENE QUESTIONS LEGAL IMPLICATIONS OF NDC WAIVER
Another issue highlighted in the letter concerns reports that the NDC granted Omo-Agege a waiver in connection with his nomination through a consensus arrangement.
Ogene observed that internal party decisions and statutory eligibility requirements were separate matters, arguing that a party waiver could not automatically override a mandatory provision of the law.
He called on INEC to clarify whether it examined the reported waiver, the legal basis for granting it and whether the waiver addressed an internal party requirement or a statutory condition.
He stressed that his request was not an assertion that the waiver was unlawful but a call for the Commission to explain its legal implications in assessing the nomination.
CALL FOR TRANSPARENCY IN CANDIDATE PUBLICATION
Ogene also questioned whether the publication of the final senatorial candidates’ list should be interpreted as conclusively resolving every legal question surrounding a candidate’s nomination.
The letter noted that INEC’s published list included Senator Ede Dafinone of the APC and Senator Ovie Omo-Agege of the NDC as candidates for Delta Central Senatorial District.
Ogene argued that publication of a candidate’s name was an administrative act that should be distinguished from a specific judicial determination of every question concerning the nomination.
He called on INEC to explain the administrative and legal basis for including Omo-Agege on the list, including whether the Commission reviewed the membership register, the reported waiver and the nomination documents in light of the Supreme Court judgment.
He also urged the Commission to clarify whether any further administrative reviews or relevant legal proceedings concerning the nomination were pending, subject to applicable disclosure requirements.
SEEKS OFFICIAL RESPONSE TO TEN QUESTIONS
In his appeal, Ogene outlined ten areas on which he wants INEC to provide clarification.
They include the date of Omo-Agege’s resignation from the APC, his reported participation in the APC primary, the date the NDC submitted its membership register, the presence of his name on the original register and the verification of his membership status.
Others concern the NDC waiver, compliance of the nomination process with the Electoral Act, the effect of the Supreme Court judgment, the basis for publishing the candidates’ list and the status of any ongoing review or legal proceedings.
Ogene urged the Commission to provide as much information as legally permissible, particularly where restrictions might apply to the disclosure of personal information or protected records.
He maintained that a factual response from INEC would help clarify the issues and reduce speculation surrounding the nomination.
‘THE ISSUE IS THE APPLICATION OF THE LAW’
Concluding the letter, Ogene said the controversy should not be reduced to a political contest between supporters of the two candidates.
He stressed that neither Omo-Agege nor Dafinone should be presumed to have violated the law merely because questions had been raised about a nomination.
Similarly, he argued that the publication of a candidate’s name should not be treated as proof that every legal question concerning the nomination had been conclusively resolved.
Ogene called on INEC to issue a clear and reasoned explanation of the basis for including Omo-Agege on the 2027 Delta Central senatorial candidates’ list.
He said such clarification would demonstrate the Commission’s commitment to applying electoral laws consistently, irrespective of a candidate’s political affiliation or status.
The open letter is a request for clarification and does not, by itself, establish that Omo-Agege violated the Electoral Act or that his nomination is invalid. The questions raised remain subject to verification against official records, the applicable law and any relevant determinations by the competent authorities.
