A legal battle has erupted over the results of the Nigeria Democratic Congress (NDC) governorship primary election in Delta State, as Hon. Ejaife Omizu Odebala has filed a suit at the Federal High Court in Abuja. Odebala is contesting the outcome of the primary held on May 29, 2026, claiming that he rightfully won the election with 15,454 votes, surpassing the 12,015 votes received by the first respondent, Chris Iyavwoye.

The case, which is being presided over by Justice Obiora Egwuatu, is scheduled for a hearing on September 7, 2026. Odebala's legal team, headed by Fredricks Itula, SAN, has marked the suit as FHC/ABJ/CS/1636/2026 and has named multiple respondents, including the NDC, the Independent National Electoral Commission (INEC), and several individuals involved in the party's primary process.

In his suit, Odebala is seeking a court declaration that the NDC cannot submit any name other than his own to INEC as the party's candidate for the upcoming 2027 Delta State governorship election. He has also requested an order to prevent Iyavwoye from presenting himself as the NDC's candidate.

Odebala's affidavit outlines that the primary election was conducted across 24 of the 25 local government areas in Delta State, with results collated at the local level. However, he argues that there was no final collation of results at the state level, and the NDC failed to submit any final results to INEC. Odebala claims that his agents monitored the voting process at each local government area and expected to be declared the winner based on the votes counted.

The politician contends that a proper collation of the votes, particularly from Ughelli North, Okpe, and Isoko North LGAs, would confirm his victory. He asserts that if INEC recognizes Iyavwoye as the NDC's candidate, it would cause him significant prejudice, as he believes he is the rightful winner based on the votes cast.

This legal challenge comes at a crucial time as the NDC prepares for the 2027 general elections, with Peter Obi, the party's presidential candidate, leading the ticket after joining the NDC from the African Democratic Congress earlier this year. The outcome of this court case could have significant implications for the party's governance in Delta State as it moves forward into the election season.