Constituency Seat Dispute: Court Orders INEC To Recognise Anambra Lawmaker As APGA Candidate

A Federal High Court sitting in Akwa, Anambra State, has ordered the Independent National Electoral Commission (INEC) to immediately accept and recognise Hon Innocent Ojike, as duly elected candidate of All Progressives Grand Alliance (APGA) for the Oyi State Constituency seat ahead of the 2027 general elections.

Justice Evelyn Anyadike,  in a judgment also ordered APGA to submit Ojike’s name to INEC as lawful candidate of the party.

Justice Anyadike agreed with the arguments of counsel to the plaintiff, Reuben Atabo, SAN, that the party erred to have declared Kosisochukwu Ibemesi as winner after Ojike was pronounced the winner by the returning officer of the primary election.

Ojike had filed the suit to challenge the outcome of the party’s primary election for the Oyi State Constituency seat.

Ojike, who currently represents Oyi Constituency in the Anambra State House of Assembly, had contested APGA’s declaration of Kosisochukwu Ibemesi as the winner of the primary election conducted on May 23, 2026.

In the suit, marked FHC/AWK/CS/173/2026 and filed by Atabo, Ojike sued Ibemesi, APGA and the Independent National Electoral Commission (INEC) as 1st to 3rd defendants respectively.

The plaintiff claimed that he secured the highest number of lawful votes cast during the primary election, polling 3,524 votes.

He maintained that he was duly declared the winner by the legally recognised Returning Officer, Dr. Nnewaluem James.

The lawmaker argued that he remains the lawful candidate of APGA for the Oyi State Constituency election and cited Section 84(1) of the Electoral Act, 2026 in support of his claims. LegislativeBranch

Among the 12 reliefs sought, Ojike asked the court to nullify APGA’s declaration of Ibemesi as the winner of the primary election, which was announced on May 25, 2026.

He also sought an order directing APGA to submit his name to INEC as the party’s candidate for Oyi Constituency in the 2027 general election.

Ojike further requested the court to award N100 million in exemplary damages against APGA and Ibemesi.

Delivering the judgment, Justice Anyadike voided the submission of Ibemesi’s name by APGA to the electoral umpire as its candidate.

“There are decided cases to the effect that after a return has been pronounced by a returning officer, as in the instant case where the declaration and return was done in the presence of party officials, INEC and the PW5, following the declaration of the election result, the returning officer or any other lacks the powers to make a second return, irrespective of the errors or any flaws in the primary election process.

“In such a case, it will no longer be within the domestic affairs of the party to interfere with the result/outcome of the primary election as the only option open to the candidates is to challenge same in court,” she said, citing previous cases to back the ruling.

The judge also said, “To that extent, the extract of the minutes of the NWC of the 2nd defendant (APGA)’s meeting (Exhibit 2) is of no consequence, because neither the DW4 nor the party (2nd defendant) can make another collation and return after it had been done by the said Dr. James Nnewaluem.

“The plaintiff has, therefore, established to the satisfaction of this court that, after he was returned as the winner of the 2nd defendant’s primary election for Oyi State Constituency election on 23rd May, 2026 by Dr. James Nnewaluem, the 1st defendant (Ibemesi) was declared winner of the same primary election by Mr. Uche Okafor, DW4, on 25th July, 2026, an act which I find to be illegal, null and void, and of no effect.The plaintiff has established his case on the merits.

“Accordingly, I hereby enter judgment in favour of the plaintiff and grant prayers 2, 4 and 10,” Justice Anyadike ruled.