Federal High Court Benin: FHC/B/C/60/2026 Oredo Federal Constituency Candidacy Nullified

• The Federal High Court in Benin City nullified Uyi Omosigho's candidacy for the Oredo Federal Constituency.
• Omo-Osagie Efosa was declared the authentic Nigeria Democratic Congress candidate in the FHC/B/C/60/2026 ruling.
• Judge Professor Chuka Obizor criticized INEC's "frustrating tendencies" and the potential for internal party mechanisms to delay justice.
• The court found Omo-Osagie Efosa had participated in the primary, while Omosigho's participation could not be proven by the party.
• The ruling mandates the NDC to submit Omo-Osagie's name to INEC for the January 16, 2027 election.

By emphasizing the need for verifiable proof of participation, the court sets a clear precedent for political parties to maintain robust and transparent primary elections, making it harder for parties to arbitrarily substitute candidates or for individuals to claim victory without proper participation.

The Federal High Court in Benin City recently delivered a significant judgment, nullifying the candidacy of Uyi Omosigho for the Oredo Federal Constituency under the Nigeria Democratic Congress (NDC). In a ruling issued on Tuesday, October 27, 2026, the court officially recognized Omo-Osagie Efosa, widely known as Mighty Man, as the legitimate candidate for the party in the upcoming elections. This decision stems from the suit identified as FHC/B/C/60/2026, which saw Omo-Osagie as the plaintiff challenging the initial nomination.

The legal action named several defendants, including Omosigho Uyi Frank, the Nigeria Democratic Congress itself, and the Independent National Electoral Commission (INEC). Also listed were David Olukoga, who serves as the State Chairman of the NDC, and Mr. Frederick Endorokeme Owotorufa, the Chairman of the State Primary and Nominations Committees. The court's directive mandates the NDC to formally declare Omo-Osagie as the winner of the primary election and subsequently submit his name to INEC as the party's official candidate for the Oredo Federal Constituency.

Presiding over the case, Professor Chuka Obizor of the Federal High Court Benin offered critical insights into the conduct of pre-election disputes and internal party processes. He specifically criticized what he termed the "frustrating tendencies" exhibited by the Independent National Electoral Commission (INEC) when handling such cases. This observation highlights a recurring challenge in Nigeria's electoral jurisprudence, where procedural delays can impede justice for aggrieved parties.

Furthermore, Professor Obizor addressed the often-cited argument of internal party mechanisms for resolving primary crises. He noted that relying solely on these internal processes could be exploited to "delay and frustrate aggrieved aspirants seeking redress," thereby undermining the pursuit of justice. In the specific Nigeria Democratic Congress primary dispute, the judge meticulously reviewed the evidence presented. He concluded that Omo-Osagie Efosa had demonstrably participated in the primary election, a fact corroborated and endorsed by the returning officers and the chairmen of all twelve wards within the Oredo Federal Constituency. Conversely, the party leadership failed to provide conclusive proof that the first defendant, Omosigho, had indeed participated in and won the primary election, unlike the plaintiff. This distinction was pivotal to the court's final determination.

This ruling carries substantial weight for the integrity of internal party democracy and the resolution of pre-election disputes in Nigeria. The Federal High Court's decision in FHC/B/C/60/2026 Oredo Federal Constituency underscores the judiciary's commitment to ensuring fairness and transparency in candidate selection processes. By emphasizing the need for verifiable proof of participation, the court sets a clear precedent for political parties to maintain robust and transparent primary elections, making it harder for parties to arbitrarily substitute candidates or for individuals to claim victory without proper participation.

The judge's strong condemnation of INEC's "frustrating tendencies ruling" in pre-election cases signals a judicial impatience with bureaucratic hurdles that can obstruct justice. It also serves as a warning to all stakeholders, including political parties and the electoral body, that courts will not tolerate actions or inactions that deliberately impede the resolution of legitimate grievances. Omo-Osagie Efosa, the now-declared NDC candidate, hailed the judgment as a "victory for the rule of law," expressing gratitude to Senator Seriake Dickson, the national leader, and urging other aspirants to unite for the January 16th, 2027 general election. This outcome reinforces the principle that party internal mechanism election cases, while important, cannot override clear evidence of participation and due process.

This ruling clarifies the court's position on internal party primary disputes, emphasizing the necessity for verifiable proof of candidate participation. Lawyers advising political parties or aspirants should ensure robust, transparent primary processes and be prepared to challenge or defend against claims regarding participation, especially given the court's criticism of INEC's 'frustrating tendencies' in pre-election cases.

Source: Original reporting based on a news article.