The Federal High Court sitting in Port Harcourt has ordered the Independent National Electoral Commission and other defendants in a suit challenging the declaration of the Udu Constituency seat in the Delta State House of Assembly as vacant to show cause why an interim injunction restraining the conduct of a bye-election should not be granted.
The order was made in Suit No. FHC/ASB/161/2026: Hon. Collins Ovie Egbetamah v. Hon. Emomotimi Guwor (Speaker, Delta State House of Assembly) & 4 Ors.
The court also granted an order permitting the plaintiff’s application to be heard during the vacation period of the Federal High Court and adjourned the matter to August 27, 2026, for hearing.
The plaintiff, Hon. Collins Ovie Egbetamah, is represented by Kunle Edun, SAN, leading John Aikpokpo-Martins.
Egbetamah had approached the court through an originating summons challenging the decision of the Delta State House of Assembly to declare his Udu Constituency seat vacant following his resignation from the All Progressives Congress (APC) and subsequent move to the National Democratic Party (NDP).
In his case, the plaintiff contends that the Speaker of the Delta State House of Assembly, the Deputy Speaker and the Majority Leader had themselves earlier formally notified the House of their resignation from the Peoples Democratic Party at a time when, according to him, there was no division in the party’s national leadership.
He consequently argues that the three principal officers automatically lost their legislative seats upon their defection and therefore lacked the legal authority to participate in legislative proceedings or declare his own seat vacant.
While the substantive suit was pending, INEC issued a public notice directing political parties to conduct primaries and nominate candidates for a bye-election to fill the alleged vacancy in the Udu Constituency seat.
The plaintiff maintains that INEC took the step despite having been served with the originating processes in the suit as well as a motion seeking to restrain the Commission from conducting any bye-election for the constituency.
Following the development, the court directed INEC and the other defendants to show cause why the plaintiff’s request for an interim injunction against the proposed bye-election should not be granted.
The order does not yet amount to an injunction stopping the election. The defendants are expected to respond to the plaintiff’s application when the matter comes up for hearing on August 27, 2026.