Fresh storm is presenting gathering in Delta South as Nigerian-American Family Medicine Physician and politician, Dr. Austin Orette, appears set for battle with the Independent National Electoral Commission (INEC) over his emergence as the winner of the African Democratic Congress (ADC) primary election conducted on the 22nd day of May, 2026, submission of his name to INEC by the ADC and omission of his name from the final list of candidates for the Delta South Senatorial District Election published on the 12th day of September, 2026.
INEC and ADC are the first and second defendants in the case respectively.
In a motion on notice brought pursuant to sections 4. 6 (16) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Sections 29 (1) and 84 of the Electoral Act, 2026; Order 3 of the Federal High Court (Civil Procedure) Rules 2019’ Rule 4 of the Federal High Court ( Pre-Election Practice Directions, 2026 and under the inherent jurisdiction of the Federal High Court, Abuja by Orette’s (plaintiff) counsel, James Olotu, he is praying the court for “an order directing INEC to list him as the candidate of the African Democratic Congress (ADC) for Delta South Senatorial District Election scheduled to hold on January 16, 2027 or any other date’’
The reformer and community advocate alleged that the act of omission by INEC did not comply with the provisions of the Electoral Act.
‘’The Plaintiff is seeking a declaration that having regard to the provision of Section 84 of the Electoral Act, 2026, the plaintiff having emerged as the winner of the primary election conducted by the ADC on the 22nd day of May, 2026 for the nomination of the candidate for the Delta South Senatorial District automatically became the candidate of ADC for the Delta South Senatorial District Election scheduled to hold on the 16th of January, 2027’’.
Dedicated to healing people and building a better Nigeria, Orette is seeking a declaration that having regard to the fact that INEC received from ADC on the 14th day of July, 2026 a letter communicating and submitting his name as the ADC candidate for the Delta South Senatorial District Election, INEC cannot lawfully omit his name from the final list of candidates for the Delta South Senatorial District Election published on the 12th day of September, 2026.
Orette urged the Federal High Court to declare unlawful, null and void the publication on the 12th day of September, 2026 of the final list of candidates for the Delta South Senatorial District Election omitting his name as the ADC candidate.
Particularly, Orette wants the Federal High Court, Abuja to determine whether having regard to the provisions of Section 84 of the Electoral Act 2026, the Plaintiff, having emerged as the winner of the primary election conducted by the 2nd Defendant on the 22nd day of May, 2026 for the nomination of its candidate for the Delta South Senatorial District Election scheduled to hold on the 16th of January, 2027.
‘’Whether having regard to the fact that the 1st Defendant received from the Second Defendant on the 14th day of July, 2026 a letter communicating and submitting the name of the Plaintiff as the 2nd Defendant’s candidate for the Delta South Senatorial Election, the 1st Defendant can lawfully omit the name of the Plaintiff from the final list of candidates for the Delta South Senatorial District Election published by the 1st Defendant on the 12th day of September, 2026’’
‘’Whether, the publication by the 1st Defendant on the 12th day of September, 2026 of the final list of candidates for the Delta South Senatorial District Election omitting the name of the Plaintiff as the candidate of the 2nd Defendant, notwithstanding the Plaintiff’s emergence as the winner of the 2nd Defendant’s primary election conducted on the 22nd day of May, 2026 and the subsequent submission of his name to the 1st Defendant by the 2nd Defendant is not unlawful, null and void’’
