Edo South Senate Ticket: Judgment Date Set in Agbonayinma vs NDC

The Federal High Court in Abuja has fixed Nov. 26 for judgment in a suit filed by Mr Ehiozuwa Agbonayinma, former member representing Egor/Ikpoba Federal Constituency in the House of Representatives, against the Nigeria Democratic Congress (NDC).

The Agbonayinma filed the suit to challenge his alleged unlawful substitution by the NDC with Mrs Osayuki Asemota or Mr Sunday Aguebor as the party's candidate for the 2027 Edo South Senatorial District election.

Justice Joyce Abdulmalik fixed the judgment date on Monday, after counsel for the plaintiff, Ayuba Antivas, and lawyers representing the defendants adopted their court processes and presented arguments for and against the case.

In the suit, marked FHC/ABJ/CS/1250/2026, Agbonayinma named the Independent National Electoral Commission (INEC), the NDC, Dr (Mrs) Osayuki Asemota and Hon. Sunday Aguebor as first to fourth defendants respectively.

The former lawmaker told the court that having polled the highest number of lawful votes in the party's May 29 Edo South Senatorial primary, he should be declared the winner and the NDC's candidate for the forthcoming election. He argued that this position is supported by Section 285(14) of the 1999 Constitution (as amended), read alongside Sections 29 and 84(14) of the Electoral Act, 2026 (as amended), as well as the party's constitution and guidelines.

In his supporting affidavit, Agbonayinma stated that he not only took part in the primary but defeated all other contestants, securing the majority of lawful votes cast. "The result of the aforesaid primary election is hereby attached and marked as Exhibit F," he said.

He is asking the court to set aside the declaration, nomination and submission of the third and fourth defendants' names to INEC as the NDC's candidate for the Edo South Senatorial District, and to direct the party to recognise, declare and return him as the winner of the primary.

He is also seeking an order compelling the NDC to immediately submit his name as its duly nominated candidate for the seat, along with a perpetual injunction restraining all the defendants from recognising, presenting or sponsoring anyone other than him as the party's candidate for the senatorial election.

However, in a counter-affidavit filed by his lawyer, R.O. Isenalumhe, Aguebor claimed he was the one who defeated the plaintiff in the primary poll, and urged the court to grant the reliefs he is seeking instead.