Court adjourns APC Delta South legal battle delay as INEC fails to appear, stalling proceedings over disputed APC primary election in Abuja
The Federal High Court in Abuja, Nigeria, on Monday, July 6, 2026, adjourned proceedings in the APC Delta South legal battle delay after the Independent National Electoral Commission (INEC) failed to appear for the third consecutive sitting in a dispute over the All Progressives Congress senatorial primary election for Delta South Senatorial District.
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Justice Mohammed Umar of the Federal High Court took the decision following the absence of INEC, a key party in the case filed by former Chairman of the Delta State Oil Producing Areas Development Commission, Prince Michael Diden.
The court subsequently fixed July 8, 2026, for continuation of hearing to allow the electoral body to appear and respond.
The APC Delta South legal battle delay stems from a contested primary election held on May 18, 2026, which produced Senator Joel Onowakpo as the APC candidate for the senatorial district ahead of the 2027 general elections.
Prince Diden is challenging the outcome, alleging irregularities and claiming he polled the highest number of valid votes.
At Monday’s proceedings, counsel to the plaintiff, Senior Advocate of Nigeria Bankole Joel Akomolafe, informed the court that all necessary responses had been filed against the statements of defence submitted by the APC and Senator Onowakpo.
He, however, expressed concern over INEC’s continued absence despite being duly served with court processes.
Akomolafe told the court that INEC’s participation was critical to resolving the dispute. In a calm but firm submission, he stated that the commission’s position would be essential for the court to reach a fair determination. He did not oppose an adjournment, citing the importance of hearing from all parties.
Counsel to Senator Joel Onowakpo, Lukman Fagbemi, SAN, and counsel representing the APC, Habeeb Lawal, were both present in court and did not object to the adjournment request.
As part of preparations for trial, the plaintiff’s legal team also indicated plans to present two video recordings allegedly showing aspects of the disputed primary election process.
The materials, according to the legal team, are expected to assist the court in assessing the credibility of the competing claims.
Justice Umar subsequently ordered that a fresh hearing notice be issued to INEC and adjourned proceedings to July 8, 2026.
The APC Delta South legal battle delay highlights growing tensions around the party’s internal primary process in the district.
Court filings show that Prince Diden is seeking a declaration that he secured 96,893 votes against Senator Onowakpo’s 31,918 votes, insisting that ward-level results across eight local government areas support his claim.
He further argued that party stakeholders, including leaders, elders, women, and youth groups within the senatorial district, had formally petitioned the APC national leadership, rejecting the declared outcome of the primary election.
Prince Diden is asking the court to declare him the rightful winner of the APC primary and compel the party to forward his name to INEC as its candidate for the 2027 senatorial election.
He is also seeking an order directing INEC to accept and process his nomination once submitted.
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The matter continues amid heightened political attention, with observers noting that INEC’s absence has repeatedly slowed proceedings in a case that could shape the APC’s electoral lineup in Delta South.
