BIBI’s Counsel Raises Objection Over Unserved Affidavit As INEC Primary Results Feature In Proceedings
The Federal High Court sitting in Benin City, Edo State, has adjourned a suit filed by Hon. Sunny Aguebor, popularly known as BIBI, over the disputed Nigeria Democratic Congress (NDC) ticket for the Edo South Senatorial District in the 2027 general elections to November 30, 2026.
According to a statement issued by Aguebor, the adjournment followed a disagreement between counsel after the legal representative of Mrs. Osayuki Asemota reportedly sought to have the suit struck out.
The statement said Asemota’s counsel presented an affidavit in open court, which Aguebor’s legal team alleged had not been served on the plaintiff before the hearing.
Counsel to Aguebor consequently objected to the application, arguing that his client should be given the opportunity to examine the affidavit and respond appropriately before the court considered the request.
Aguebor’s counsel also argued that a separate case pending before the Federal High Court in Abuja, instituted by former lawmaker Ehiozuwa Agbonayinma, should not be treated as the same proceeding as the matter before the Benin Division, noting that Agbonayinma was not a party to the suit under consideration in Benin.
The legal team reportedly urged the court to allow Aguebor sufficient time to respond to the application, stressing the importance of fair hearing and the proper determination of the issues before the court.
INEC Documents Feature In Proceedings
A key issue raised by Aguebor’s counsel, according to the statement, was the presentation of Certified True Copies (CTCs) of documents relating to the NDC’s Edo South senatorial primary.
The statement claimed that INEC had tendered certified documents containing the primary election results, which Aguebor’s camp said supported his claim that he won the May 29, 2026, exercise.
The claim forms part of the wider dispute over the party’s nomination process and the identities of those entitled to represent the NDC in the Edo South senatorial contest.
However, the reported presentation of the documents should be distinguished from a final judicial determination of the party’s candidate. The court’s interpretation of the evidence and the applicable electoral provisions remains central to resolving the dispute.
Court Adjourns Matter
Aguebor’s statement said the presiding judge adjourned the matter until November 30, 2026, to avoid the possibility of conflicting judgments arising from related proceedings.
It did not provide the full terms of the court’s ruling or establish that the court had made a final determination on the validity of the disputed senatorial nomination.
The statement also reported that supporters of Aguebor gathered outside the court premises and celebrated following the proceedings, viewing the outcome as a setback for the attempt to terminate his suit.
Nevertheless, the adjournment means that the legal dispute remains unresolved, with the substantive issues still requiring determination.
Abuja Case Adds To The Dispute
The Benin proceedings come amid a broader legal contest over the NDC’s Edo South senatorial ticket.
In a separate case, the Federal High Court in Abuja fixed November 26, 2026, for judgment in a suit filed by Agbonayinma, who claims that he won the party’s May 29 senatorial primary and was subsequently removed from the ticket.
Agbonayinma is challenging the nomination process and seeking judicial orders concerning the party’s candidate for the 2027 election. Aguebor, who is a defendant in that case, has disputed Agbonayinma’s account and maintained that he won the primary.
The two proceedings form part of the ongoing legal contest surrounding the NDC’s nomination for Edo South, although the claims and issues in each case must be considered according to the particular proceedings before the respective courts.
The outcome of the cases could have implications for the party’s representation in the senatorial election, but no conclusion should be drawn about the ultimate validity of the competing claims before the courts deliver their decisions.
For Aguebor, the Benin hearing represents another stage in his effort to establish his claim to the NDC ticket. For the other parties, the proceedings provide an opportunity to present their respective positions through the judicial process.
The dispute is expected to continue when the Benin case resumes on November 30, while the separate Abuja matter is scheduled for judgment on November 26, 2026.
