By Sandra Kenneth
A major legal battle has commenced over the eligibility of the All-Progressives Congress (Apc) governorship candidate for Rivers State, Kingsley Ogundu-Chinda, ahead of the 2027 general elections.
A Port Harcourt-based legal practitioner, Samuel Amatonjie, has filed a suit before the Federal High Court [30 Sept 2026], seeking the disqualification of Ogundu-Chinda following his defection from the Peoples Democratic Party (Pdp).
Joined as co-respondents in the suit are the Independent National Electoral Commission (Inec), the PDP, the APC, the Speaker of the House of Representatives, and the Clerk to the National Assembly.
The Constitutional Conundrum
In an Originating Summons, Amatonjie is asking the court to interpret Section 68 and Section 177 (c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The plaintiff wants the court to determine whether, upon a combined reading of these sections, Ogundu-Chinda can be said to have validly defected from the PDP to the APC as of May 9, 2026—the date he was screened and cleared as the APC flagbearer.
Amatonjie is seeking several reliefs from the court, including:
• A declaration that INEC is constitutionally bound to ensure strict compliance with eligibility laws for gubernatorial candidates.
• A declaration that INEC cannot validly recognize, accept, or publish Ogundu-Chinda’s name as the APC governorship candidate for the 2027 election, arguing his defection remains invalid under the law.
• An order declaring any legal recognition already accorded to Ogundu-Chinda by INEC null, void, and of no effect due to constitutional infringement.
• A consequential order disqualifying Ogundu-Chinda from contesting the 2027 Rivers State governorship election under the APC platform.
Court Adjourns for Definite Hearing
When the matter came up for mention, the plaintiff, Amatonjie, who represented himself, made an oral application for an extension of time to enable him to respond to preliminary objections raised by the defense counsels.
The presiding judge, Justice Muhammed Turaki, subsequently adjourned the matter until November 4, 2026, for a definite hearing.
Counsels React Outside the Courtroom
Briefing journalists outside the courtroom, Amatonjie explained that the suit was necessitated by the need for judicial clarity on constitutional provisions governing the defection of serving National Assembly members.
Conversely, Dike Udenna, counsel representing Ogundu-Chinda, downplayed the suit, outlining what transpired during the proceedings and confirming their readiness to argue their preliminary objections on the next adjourned date.