The Federal High Court in Abuja has sacked Hon. Onyeagucha Uchechukwu as the senatorial candidate of the Nigeria Democratic Congress for Imo East Senatorial District and ordered the party and the Independent National Electoral Commission to recognise Uche Nwole as the lawfully nominated candidate for the 2027 general election.
Justice Mohammed Umar, in his judgment, also directed INEC to immediately publish Nwole’s name as the NDC candidate for the January 16, 2027 election, in the same manner it had published the names of candidates of other political parties.
The court held that it was satisfied from the evidence before it that Nwole was the bona fide winner of the primary election conducted by the NDC and monitored by INEC.
Justice Umar held that, in view of Sections 84(1) and (2) and 86 of the Electoral Act 2026, the party ought to have nominated and forwarded Nwole’s name to INEC as its candidate for the Imo East Senatorial District election.
The judge further held that having conducted a primary election monitored by INEC, the NDC could not subsequently nominate a consensus candidate in place of the person who emerged from that primary.
The judgment followed a suit marked FHC/ABJ/CS/1225/2026, instituted by Nwole against the NDC, INEC and Onyeagucha as first, second and third defendants, respectively.
Nwole had contended that although he secured the highest number of valid votes cast during the party’s primary election, the NDC sidelined him and instead chose Onyeagucha as its flag bearer for the senatorial election.
After reviewing the evidence presented by the parties, Justice Umar held that Nwole had established his case and granted all seven principal reliefs sought by him.
Among the orders, the court declared that under Sections 84(1) and (2) and 86 of the Electoral Act 2026, the NDC had duly conducted primary elections for aspirants seeking its nomination for the Imo East Senatorial District seat and that the exercise was monitored by INEC.
“A declaration is made that, upon the construction of the clear, unambiguous and express provisions, spirit and tenor of Sections 84(1) and (2) and 86 of the Electoral Act 2026, the 1st Defendant duly conducted primary elections, which were duly monitored by the 2nd Defendant, for all aspirants seeking to be nominated as the candidate of the party to contest the elective position of Senator representing Imo East Senatorial District in the 2027 general election,” the court held.
Justice Umar further declared that once the party had conducted the primary election in accordance with the Electoral Act, it could not lawfully abandon the outcome and nominate a consensus candidate.
“A declaration is made that, upon a careful construction and interpretation of Section 87(1), (2) and (3) of the Electoral Act 2026, the 1st Defendant, having conducted a primary election in accordance with Sections 84(1) and (2) and 86 of the Electoral Act, cannot lawfully nominate a consensus candidate to contest the office of Senator representing Imo East Senatorial District in the 2027 general election,” the judgment stated.
The court also held that the NDC was bound by its own constitution, guidelines and regulations, as well as the Electoral Act and the 1999 Constitution, as amended.
“A declaration is made that the Nigeria Democratic Congress (NDC), being a body established by law, must at all times obey its constitution; respect, observe and implement its own guidelines, rules and regulations; and comply with the provisions of the Electoral Act and the Constitution of the Federal Republic of Nigeria 1999 (as amended) in all its programmes and activities,” Justice Umar held.
The court consequently ordered the NDC to immediately forward Nwole’s name to INEC as the candidate who emerged from the primary election monitored by the electoral commission.
“An order is granted mandating the 1st Defendant to immediately forward the Plaintiff’s name to the 2nd Defendant as its duly elected candidate, who emerged from the primary election monitored by the 2nd Defendant and conducted in accordance with Sections 84(1) and (2) and 86 of the Electoral Act 2026, to contest the office of Senator representing Imo East Senatorial District in the 2027 general election,” the court ordered.
Justice Umar also issued a perpetual injunction restraining the NDC from nominating or submitting any name other than Nwole’s for the election.
The injunction further barred INEC from accepting, listing or publishing any purported NDC candidate said to have emerged from a primary election that was not held or monitored by the commission, or a consensus candidate whose nomination breached the relevant provisions of the Electoral Act.
The court held: “An order of perpetual injunction is granted restraining the 1st Defendant from nominating or submitting any name other than the Plaintiff’s, and restraining, barring and prohibiting the 2nd Defendant from accepting, listing and publishing in the final list of candidates any purported candidate from the 1st Defendant who magically emerged from a purported primary election that was never held and never monitored by the 2nd Defendant, or any purported consensus candidate presented by the 1st Defendant whose nomination breached the law and does not comply with the express provisions of Sections 87(1) and (3) of the Electoral Act 2026, to contest the office of Senator representing Imo East Senatorial District in the 2027 general election.”
Post Title: “NDC Cannot Lawfully Nominate A Consensus Candidate” — Court Sacks Onyeagucha, Orders Recognition Of Uche Nwole For Imo East By Naijaonpoint.