Nomination of Candidates for the 2027 Elections: Omo‑Agege’s Case Is Different but Lawful

By Henry Efe Duku

The electorate of Delta Central Senatorial District has been convinced that the All Progressives Congress (APC) committed a serious injustice when it annulled the widely recognised landslide victory of Deputy President of the 9th Senate and Obarisi of Urhoboland, Senator Ovie Omo‑Agege, CFR, in the APC senatorial primaries held on 18 May 2026. Independent and citizen journalists who canvassed all 85 wards of the district recorded that Omo‑Agege won decisively, receiving 109,516 votes to 7,698 for his rival, Senator Ede Dafinone.

Despite this result, the APC field organisers, reportedly acting under Governor Sheriff Oborevwori’s campaign to retire Omo‑Agege and other senior APC figures, refused to accept and record the true outcome. The move was allegedly motivated by a chief who feared that Omo‑Agege’s return to the Senate would diminish her control over the Urhobo Nation.

In response, Omo‑Agege transferred his established grassroots base to the Nigerian Democratic Congress (NDC). He secured the NDC’s senatorial ticket for Delta Central, thereby countering Oborevwori’s attempt to marginalise him and his supporters. The decision has altered the electoral landscape for the 2027 elections and has prompted a range of legal analyses.

Some commentators have suggested that Omo‑Agege’s switch to the NDC after participating in the APC primaries may breach the law. This claim is unfounded. Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) guarantees every citizen the right to belong to any political party. The Constitution does not require a citizen to remain in a party where his interests are violated. Similarly, Section 85 of the Electoral Act, 2026 does not list party switching as a disqualification. The Supreme Court, in Jime v. Hembe (2023) 12 NWLR (Pt. 1899) 463, held that participation in one party’s primaries does not preclude nomination by another party, provided the candidate is not simultaneously nominated by more than one party.

On 11 March 2026, the House of Representatives, under the sponsorship of Rt. Hon. Julius Ihonvbere, introduced an amendment to Section 77 of the Electoral Act to prohibit dual party membership. The amendment has not yet received Senate concurrence or presidential assent, and it does not currently affect Omo‑Agege’s status.

There is no evidence that Omo‑Agege violated Section 77(4) of the Electoral Act, which requires parties to submit their membership registers to the Independent National Electoral Commission (INEC) 21 days before primaries. The law only penalises “multiple nomination” under Section 35, not dual registration. The relevant subsections of Section 77 mandate that a party submit a digital membership register to INEC and that only members listed therein may participate in its primaries. They do not require a resigning member to delist his name from the former party’s register.

Omo‑Agege’s move to the NDC is therefore consistent with the current legal framework. It is unrelated to recent Federal High Court judgments in Suits Nos. FHC/ABJ/CS/517/2026 and FHC/ABJ/CS/720/2026, which dealt with INEC’s administrative powers for the 2027 elections.

In summary, Senator Omo‑Agege’s case is unique and fully compliant with the law.

The post Nomination of Candidates for 2027 Elections: Omo‑Agege’s case is different; compliant with the law appeared first on Vanguard News.