2027: Guwor, Akpowovwo, 20 Other Members Of DTHA May Not Participate In 2027 General Elections
•Urges INEC and APC from recognising Delta Speaker Guwor, Deputy Akpowovwo as bona fide members of the APC
By Matthias Ogbagah & Chinyerum Godsfavour Gospel-Ezebuiro
ABUJA – AHEAD of the 2027 general elections, three members of the APC in Delta State have served an Originating Summons on INEC and the APC, along with a notice of lis pendens in respect of an action against Rt. Hon. Emomotimi Guwor and 21 other members of the Delta State House of Assembly are over the non-registration of their membership in the APC as of today.
APC members in Delta State have filed a suit with Suit No. FHC/ABJ/CS/692/2026 in Abuja today, initiated by Christian Nduka, Esq., on behalf of three APC members whose names are Sunday Aminugo, Christian Emegere, and Christian Egbuchinem. The suit challenges the participation of Rt. Hon. Emomotimi Guwor, Rt. Hon. Arthur Akpowovwo, and 20 other members of the Delta State House of Assembly in APC political activities, on the grounds that they have not been officially registered as members of the APC as of today.
The plaintiffs question the legitimacy of the lawmakers’ involvement in APC activities such as party congresses, meetings, and their rights to vote and be voted for during party events, given that they only announced their resignation from the PDP on May 6, 2025, and merely expressed an intention to join the APC.
The suit lists the APC as the 1st defendant, INEC as the 24th defendant, and the 22 members of the Delta State House of Assembly in their respective capacities.
The plaintiffs seek an interpretation of several provisions of the APC Constitution, specifically Articles 2, 9(1), 9(2), 9(3), 9(4)(ii), 9(5), 12.1(vii), 12.8(vi), 13(1), and 13(5).
They also seek injunctive relief restraining the 1st defendant (APC) and the 24th defendant (INEC) from recognising the lawmakers as bona fide members of the APC, based on their admission that they are not registered members. This admission is contained in counter-affidavits pending before the Federal High Court, Abuja, and the National Industrial Court, Asaba, with no motion filed by the defendants to withdraw those affidavits.
The plaintiffs further contend that the injunctions sought against the 22 members of the Delta State House of Assembly are necessary, because these members, who have merely announced their resignation from the PDP, are not yet registered members of the APC by virtue of their admission in said counter- affidavits.
Accordingly, the principles of rule of law and the doctrine of lis pendens, should be restrained from voting or contesting in the APC party elections and congresses.
Only duly registered members recognised as bona fide members are entitled to enjoy the rights and privileges conferred by the APC Constitution (as amended in 2022).
The originating summons are grounded on the defendants’ own admission of non-membership of the APC, as stated in two separate counter-affidavits deposed to before a Commissioner for Oaths in Suit No. FHC/ABJ/CS/1933/2025 and Suit No. A/ICA/ASB/31/25.
These suits are between Jeckins Ejiro Wisike and Rt. Hon. Hon. Otimi Guwor (defected de facto Speaker), Rt. Hon. Arthur Akpowovwo (defected de facto Deputy Speaker), and 20 other members (defected de facto members of the Delta State House of Assembly).
In those affidavits, the defendants stated:
“Although the Defendants announced their resignation from the People’s Democratic Party due to the division within the Party and expressed their intention to join the All Progressives Congress, the process of defection, including registration with and membership of the All Progressives Congress, is yet to be completed.”
The plaintiffs argue that, based on these depositions, the 22 lawmakers cannot be recognised as bona fide members of the APC until the said affidavits are withdrawn or determined by the courts in the pending suits (Suit No. FHC/ABJ/CS/1933/2025 and Suit No. A/ICA/ASB/31/25 in Abuja and Asaba, respectively). Until such determination, the lawmakers cannot, by the provisions of the APC Constitution, enjoy the rights and privileges accorded to full members of the party.
The plaintiffs argue that the doctrine of lis pendens further underscores the grave implications of this case. Since the issue of their membership is already before the courts in two pending suits, the defendants are legally prohibited from participating in APC activities or claiming the privileges of membership until the courts determine otherwise.
Their actions-participating in party congresses, meetings, and attempting to vote or contest in APC elections-are not only premature but also illegal.
Below are the Reliefs:
ORIGINATING SUMMONS (“CONCURRENT”)
BROUGHT PURSUANT TO:
SECTION 251(1)(Q), (R) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED);
SECTIONS 40; 106(D) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED);
SECTIONS 77(1)-(7); 83(2); 90(1) & (4) OF THE ELECTORAL ACT, 2026;
AND SECTION 6(6) OF THE 1999 CONSTITUTION WHICH IS THE INHERENT JURISDICTION OF THE COURT.
LET THE 1ST DEFENDANT (ALL PROGRESSIVE CONGRESS (APC)), of APC National Secretariat, Blantyre Street, Wuse 2, Abuja, FCT; THE 2ND – 23RD DEFENDANTS of Delta State House of Assembly, Asaba, Delta State; and THE 24TH DEFENDANT (INEC), of INEC Headquarters, Maitama, Abuja, within 14 days after service of this Summons on them, inclusive of the day of such service, cause an appearance to be entered for them to this Summons which is issued upon application of the Claimants residing within the jurisdiction of the Honourable Court, seeking for the determination of the following question(s):
Whether, having regard to the Preamble, Articles 2, 9(1), 9(2), 9(3), 9(4)(ii), 9(5), 12.1(vii), 12.8(vi), 13.1 and 13.7 of the Constitution of the 1st Defendant (All Progressives Congress (APC)), the 2nd-23rd Defendants, who have not completed their defection from the People’s Democratic Party (PDP) as admitted in paragraph 10(d)(i) of the Counter-Affidavit dated 5th November 2025 in Suit No. FHC/ABJ/CS/1933/2025, and Suit No: A/ICN/ASB/31/2025, can be recognized as bona fide members of the 1st Defendant and entitled to participate in its organs, affairs, activities, or enjoy any constitutional rights, benefits, privileges, or entitlements under the 1st Defendant’s Constitution, or whether any such recognition is unlawful, null, and void?
Whether, having regard to the Preamble, Articles 2, 9(1), 9(2), 9(3), 9(4)(ii), 9(5), 12.1(vii), 12.8(vi), 13.1 and 13.7 of the Constitution of the 1st Defendant (All Progressives Congress (APC)), and in the context of the pending Suit No. FHC/ABJ/CS/1933/2025, and Suit No: A/ICN/ASB/31/2025, any purported completion, recognition, or regularization of the defection of the 2nd -23rd Defendants from the People’s Democratic Party (PDP) to the 1st Defendant before the determination of that suit is lawful or valid, or whether such acts are unlawful, null, and void by virtue of the doctrine of lis pendens?
If the above question is answered in the negative, whether any purported conferment of the 1st Defendant’s constitutional benefits, or participation in its organs by the 1st-22nd Defendants, would be unlawful?
UPON a favourable resolution of the above questions for determination, the Plaintiff shall seek against the Defendant as follows:
A DECLARATION that, by virtue of Sections 40 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and having regard to the admission of the 2nd-23rd Defendants in paragraph 10(d)(i) of the Counter-Affidavit dated 5th November 2025 in Suit No. FHC/ABJ/CS/1933/2025, and Suit No: A/ICN/ASB/31/2025, the 2nd-23rd Defendants, having not completed their defection from the People’s Democratic Party (PDP) to the 1st Defendant (All Progressives Congress), cannot be recognized as bona fide members of the 1st Defendant, and any attempt by the 1st and/or 24th Defendant (Independent National Electoral Commission) to confer on them or recognize any constitutional rights, benefits, privileges, or entitlements under the 1st Defendant’s Constitution in view of the Preamble, Articles 2, 9(1).
