A Federal High Court in Abuja, has struck out a suit filed by Senator Ned Nwoko seeking to nullify the emergence of former Delta State Governor, Ifeanyi Okowa, as the All Progressives Congress (APC) candidate for the Delta North Senatorial District.
Key Highlights
- A Federal High Court in Abuja struck out Senator Ned Nwoko’s suit seeking to invalidate the emergence of former Delta State Governor Ifeanyi Okowa as the APC candidate for the Delta North Senatorial District.
- Justice Mohammed Umar ruled that the suit was fundamentally defective because it was filed through an attorney rather than personally initiated by Nwoko as required by law.
- The court upheld the objections raised by the defendants and dismissed Nwoko’s request to amend the originating summons to show that he personally commenced the action.
- Justice Umar held that pre-election challenges under Section 285(14) of the 1999 Constitution and the Electoral Act are personal rights reserved for aspirants who participated in party primaries and cannot be delegated to representatives.
- The court ruled that the defect could not be corrected through amendment and consequently struck out the suit against the APC, Ifeanyi Okowa, and INEC for lack of jurisdiction.
Justice Mohammed Umar, who delivered the ruling on Monday, held that the suit was fundamentally incompetent because it was instituted through an attorney rather than being personally filed by Sen. Nwoko, adding that the defect could not be corrected through an amendment.
The court upheld the preliminary objections raised by the defendants’ counsel, Kehinde Ogunwumiju (SAN), and dismissed Nwoko’s application to amend the originating summons.
The suit, marked FHC/ABJ/CS/1062/2026, was filed in Sen. Nwoko’s name through an individual identified as his attorney, Mike Nwoko.
Sen. Nwoko had sought leave of the court to amend the originating processes to indicate that he personally commenced the pre-election action instead of acting through his attorney. However, the defendants opposed the request.
The defendants in the case are the APC, Ifeanyi Okowa and the Independent National Electoral Commission (INEC).
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In his judgment, Justice Umar held that the action was initiated in a representative capacity, contrary to the provisions of Section 285(14) of the 1999 Constitution and Section 88(2) of the Electoral Act, 2026, which confer the right to institute a pre-election suit solely on an aspirant who participated in the party primary.
The judge ruled that the constitutional and statutory right to challenge the outcome or conduct of a party primary is personal to the aggrieved aspirant and cannot be delegated to an attorney, agent or representative.
According to the court, had the constitution or the Electoral Act intended to permit such actions through representatives, the laws would have expressly provided for it.
Justice Umar further held that an amendment could not revive a suit that was fundamentally defective from inception, stressing that a court can only permit amendments in proceedings that are valid and competent.
Consequently, the court dismissed Nwoko’s application to amend the originating summons and struck out the substantive suit for want of jurisdiction.
