By Fegor Ogene
A concerned citizen and public affairs commentator, Fegor Ogene, has challenged the Independent National Electoral Commission (INEC) to explain the legal and documentary basis for including Senator Ovie Omo-Agege, candidate of the Nigeria Democratic Congress (NDC) for Delta Central Senatorial District, on its list of candidates for the 2027 general elections.
Ogene, in an open letter to the INEC chairman, raised questions over Omo-Agege’s reported resignation from the All Progressives Congress (APC), his alleged participation in the party’s senatorial primary, his subsequent emergence as the NDC candidate and the membership register relied upon for his nomination.
He urged the Commission to clarify whether it examined the relevant records and applied the provisions of the Electoral Act consistently before publishing the candidates’ list.
The intervention follows the Supreme Court judgment of September 24, 2026, which, according to Ogene, restored Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 after setting aside an earlier Court of Appeal decision declaring the provisions unconstitutional.
Ogene, however, clarified that he was not claiming that the Supreme Court had specifically ordered Omo-Agege’s disqualification.
Rather, he said the judgment raised questions about the application of statutory requirements governing political party membership registers and candidate nomination procedures.
He said: “The issue is not whether one candidate should be celebrated or another politically embarrassed. The issue is whether the same law applies to everyone.”
RESIGNATION, APC PRIMARY UNDER SCRUTINY
A major concern raised in the letter is the reported chronology of Omo-Agege’s resignation from the APC and his participation in the party’s senatorial primary.
Ogene cited May 5, 2026, as one reported date of the senator’s resignation and noted that the APC primary was reportedly held on May 18, 2026.
He argued that, if those dates were accurate, INEC should explain Omo-Agege’s membership status at the time of the primary.
The letter also acknowledged that other accounts placed the senator’s resignation on May 22, 2026, underscoring the need to establish the correct date through official records.
Ogene asked INEC to clarify whether it had examined the resignation letter, when it was received by the appropriate APC ward authority and what documentation established the effective date of the resignation.
He also requested confirmation of whether Omo-Agege participated in the APC primary and, if so, the capacity in which he did so.
According to him, the relevant records should establish the sequence of the senator’s reported resignation, participation in the APC primary and subsequent emergence as the NDC candidate.
He maintained that the conflicting accounts should be resolved through documentary evidence rather than political speculation.
NDC MEMBERSHIP REGISTER: OG ENE SEEKS VERIFICATION
The commentator also questioned the documentary basis for Omo-Agege’s reported assertion that his name appeared on the NDC membership register submitted to INEC before the relevant deadline.
He said the claim was important but needed to be verified against the original register and the Commission’s official records.
Ogene disclosed that he had not independently examined the original register to establish whether the senator’s name appeared on it, the membership date recorded or how INEC assessed the entry.
He therefore urged the Commission to disclose, to the extent permitted by law, the date the NDC submitted its membership register and whether Omo-Agege’s name appeared on the original document.
He also asked INEC to clarify whether the senator’s membership satisfied the statutory requirements applicable to the nomination exercise and whether the register used for the assessment was the same one submitted within the prescribed period.
Ogene said the original register and its supporting records were central to resolving the controversy.
He added that if the documents established that Omo-Agege was properly registered and his nomination complied with the law, INEC should explain the basis for its decision.
Conversely, he said any questions arising from the membership records should be addressed through the appropriate legal and administrative procedures.
WAIVER, CONSENSUS NOMINATION RAISE QUESTIONS
Ogene further requested clarification on the reported waiver granted to Omo-Agege by the NDC and the consensus arrangement through which he reportedly emerged as the party’s senatorial candidate.
He argued that a party’s decision to accept a candidate and the candidate’s compliance with statutory requirements were separate issues.
While acknowledging that a waiver might address internal party requirements where permitted by the party’s rules and applicable law, he said it could not automatically override a mandatory statutory provision.
He consequently asked INEC to explain whether it examined the reported waiver, the legal basis for granting it and whether it addressed an internal party requirement or a statutory condition.
He also asked whether the Commission examined the relevant nomination documents to determine compliance with the Electoral Act.
Ogene stressed that his request was not an assertion that the waiver was unlawful but a demand for transparency regarding its legal implications.
SUPREME COURT JUDGMENT NOT AUTOMATIC VALIDATION — OG ENE
The commentator also cautioned against interpreting the Supreme Court judgment as having automatically validated every nomination submitted to INEC.
He said the judgment did not specifically name Omo-Agege or order his disqualification, adding that the legal implications of the decision should be assessed alongside the relevant facts and nomination documents.
According to him, the restoration of statutory provisions governing party membership registers and nomination procedures makes it necessary for the Commission to explain how it assessed the NDC candidate’s records.
He asked INEC to clarify whether it reviewed the relevant membership register, waiver and nomination documents in light of the judgment delivered on September 24, 2026.
Ogene further requested an explanation of the administrative and legal basis for including Omo-Agege on the published list of Delta Central senatorial candidates.
He noted that both Omo-Agege of the NDC and Senator Ede Dafinone of the APC appeared on the list, but argued that publication alone did not establish that every question concerning a nomination had been conclusively resolved.
DEMANDS 10-POINT CLARIFICATION
In his letter, Ogene outlined 10 areas on which he wants INEC to provide clarification.
They include the senator’s reported APC resignation date, his participation in the APC primary, the date the NDC submitted its membership register, whether his name appeared on the original register, the verification of his membership status and the reported waiver.
Others are the legality of the nomination process, the application of the Supreme Court judgment, the basis for publishing the candidates’ list and whether any further administrative review or relevant legal proceedings are pending.
He urged the Commission to provide the maximum permissible explanation where disclosure of personal information or protected material was restricted by law.
Ogene insisted that the same statutory standards must apply to all candidates, irrespective of political affiliation, influence or previous public office.
He said neither Omo-Agege nor Dafinone should be presumed to have violated the law merely because questions had been raised about a nomination.
He added that the electoral process would benefit from a clear distinction between political allegations and matters established by official records.
‘PUBLIC DESERVES ANSWERS’
Ogene said the 2027 general elections were too important for questions about candidate nominations to be reduced to political rivalry.
He maintained that the purpose of his intervention was to promote transparency, accountability and public confidence in the electoral process.
“If the original NDC register contains Omo-Agege’s name and his nomination satisfies the applicable statutory requirements, INEC should be able to explain the documentary and legal basis for its decision,” he said in the letter.
He added that any unresolved questions concerning the register, waiver, resignation chronology or nomination procedure should be addressed through the appropriate channels.
Ogene urged INEC to issue a clear and reasoned response, insisting that electoral laws must be applied consistently and without fear or favour.
He emphasised that his letter was not a declaration that Omo-Agege was ineligible to contest the election but a request for clarification of the records and legal considerations underlying the Commission’s decision.
He said a formal response would help the public understand the basis of the senator’s inclusion on the candidates’ list and strengthen confidence in the integrity of the 2027 electoral process.
