The Federal High Court in Abuja on Monday fixed Nov. 26 for judgment in a suit filed by Mr Ehiozuwa Agbonayinma, former member representing the Egor/Ikpoba Federal Constituency at the House of Representatives, against the Nigeria Democratic Congress (NDC).
Agbonayinma filed the suit, challenging the alleged unlawful substitution of his name for Mrs Osayuki Asemota/Mr. Sunday Aguebor by the NDC for the 2027 Edo South Senatorial District election.
Justice Joyce Abdulmalik fixed the date after counsel for the plaintiff, Ayuba Antivas, and lawyers for the defendants adopted their processes and presented their arguments for and against the case.
Agbonayinma, in the suit marked FHC/ABJ/CS/1250/2026, had named the Independent National Electoral Commission (INEC), NDC, Dr Mrs Osayuki Asemota and Hon. Sunday Aguebor as 1st to 4th defendants respectively.
The former House member told the court that having scored the highest number of lawful votes in the May 29 Edo South Senatorial primary poll for NDC, he ought to be declared the winner and party’s candidate for the forthcoming election.
He argued that this is in line with 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), and the party’s constitution and guidelines.
In the affidavit he deposed to, Agbonayinma said he did not just participate in the primary election; he defeated all other contestants who participated in the said poll, having scored the majority of lawful votes at the election.
“The result of the aforesaid primary election is hereby attached and marked as Exhibit F,” he said.
He, therefore, sought an order setting aside the declaration, nomination, and/or submission of the name of the 3rd/4th defendant to INEC as candidate of NDC for Edo South Senatorial District.
Agbonayinma also sought an order directing the party to recognise, declare and return him as the winner of the poll.
He equally sought an order directing the party to forthwith submit his name as its duly nominated candidate for Edo South Senatorial District.
He sought an order of perpetual injunction restraining all the defendants from recognising, presenting or sponsoring any person other than him as NDC’s candidate for the senatorial poll, among others.
But Aguebor, in a counter affidavit filed by his lawyer, R.O. Isenalumhe, claimed that he defeated the plaintiff in the poll.
He urged the court to grant his relief.
