Asaba — The legal battle over the All Progressives Congress (APC) primary election for the Ndokwa/Ukwuani Federal Constituency has taken a new dimension as the party, its candidate, Hon. Nnamdi Ezechi, and the Independent National Electoral Commission (INEC) filed responses to a suit challenging the conduct and outcome of the exercise.
The suit, filed by Chukwuemeke Victor Kenneth before the Federal High Court sitting in Asaba, Delta State, challenges the process that led to the emergence and declaration of Ezechi as the winner of the APC primary election held on May 16, 2026.
The case, identified as Suit No. FHC/ASB/CS/114/2026, has Ezechi as the 1st Respondent, Ossai Nicholas Ossai as the 2nd Respondent, the All Progressives Congress as the 3rd Respondent and INEC as the 4th Respondent.
Victor commenced the action through an Originating Summons in which he is seeking declaratory and injunctive reliefs concerning the conduct of the primary and the subsequent declaration of Ezechi as the winner.
In his Counter-Affidavit in response to the affidavit supporting the Originating Summons, Ezechi said he had read and understood the 22-paragraph affidavit filed by the applicant.
The APC candidate denied the assertions contained in paragraphs 4 to 22 of Victor's supporting affidavit and proceeded to respond to the issues raised in the originating process.
Ezechi also addressed issues concerning the composition of the Ndokwa/Ukwuani Federal Constituency, stating that it comprises Ndokwa East, Ndokwa West and Ukwuani Local Government Areas.
Meanwhile, the APC, which is the 3rd Respondent in the suit, has filed its own Counter-Affidavit in response to the Originating Summons.
The document was sworn to by Matthew Emeka Ode, Esq., a legal practitioner acting for the party. In the affidavit, Ode stated that he was conversant with the facts of the case by virtue of his position as legal practitioner for the APC and that the National Legal Adviser of the party had supplied him with information concerning the matter.
The party's response forms part of its defence against the allegations and reliefs sought by the applicant.
INEC has also placed its position before the court through an Affidavit of Facts in Response to the Originating Summons.
The affidavit was sworn to by Onyeani Chika, identified as an Executive Officer of INEC at the Commission's National Headquarters in Abuja.
Chika stated that he had the authority to depose to the affidavit on behalf of the Commission and had read the applicant's Originating Summons, supporting affidavit and accompanying exhibits.
With the applicant's originating process and the responses of the respondents now before the Federal High Court, the dispute is expected to proceed through the judicial process.
The case could ultimately determine whether the process leading to the emergence and declaration of Ezechi as the APC candidate for the Ndokwa/Ukwuani Federal Constituency complied with applicable constitutional, electoral and party requirements.
However, the filing of the Counter-Affidavits and other responses does not amount to a final determination of the dispute. The substantive issues remain before the court for determination based on the processes and evidence presented by the parties.
Kwale Post will continue to follow the case and report further developments as they unfold.
Editor's Note: This report is based on court processes made available to Kwale Post. The allegations and responses contained in the processes are the positions of the respective parties and remain subject to the determination of the Federal High Court.
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