Senator Ned Munir Nwoko has rejected the Federal High Court ruling striking out his suit challenging the emergence of former Delta State Governor, Senator Ifeanyi Arthur Okowa, as the All Progressives Congress (APC) candidate for Delta North Senatorial District, describing the judgment as “unfortunate,” “deeply concerning,” and vowing to challenge it at the Court of Appeal.
In a statement issued on Monday by his legal team, the senator insisted that the judgment was not determined on the merits of the case and disclosed that his lawyers had been instructed to immediately file an appeal.
“We have instructed our counsel to file an appeal immediately and are confident that the Appellate Court will overturn it,” the statement said.
The legal team further alleged that the trial court acted improperly by reversing an earlier decision granting leave to amend the originating processes.
“The ruling is suspicious because it was not based on the merits of the case. The same court had earlier granted us leave to amend our processes but later set aside that order on its own motion, without justification, after it had exhausted its powers. This is an attempt to sabotage the substantive suit at this preliminary stage. It is imperative that the suit be heard on its merits,” the statement added.
Nwoko maintained that he would pursue the appeal to ensure “justice is done and seen to be done,” while urging party faithful and other stakeholders to remain calm and law-abiding throughout the appellate process.
The senator also reaffirmed his commitment to equity, transparency, party unity and the progress of Delta State.
Justice Mohammed Umar of the Federal High Court, Abuja, had on Monday struck out Nwoko’s suit marked FHC/ABJ/CS/1062/2026, which sought to nullify Okowa’s emergence as the APC candidate for the Delta North Senatorial District in the next general election.
The suit, filed against the APC, Okowa and the Independent National Electoral Commission (INEC), was originally commenced in Nwoko’s name through his lawful attorney, Dr Mike Nwoko.
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Although the senator later sought to amend the originating processes to reflect that he personally instituted the pre-election suit, the application was opposed by the defendants.
In his ruling, Justice Umar upheld the preliminary objections raised by the defence, including those of Kehinde Ogunwumiju (SAN), holding that the suit was incompetent from inception because it was filed through an attorney rather than by the aspirant himself.
The judge relied on Section 285(14) of the Constitution and Section 88(2) of the Electoral Act 2026, which provide that only an aspirant who participated in a party primary has the legal standing to institute a pre-election suit.
He ruled that the right to challenge a party primary is a personal statutory right that cannot be exercised through an agent or representative, adding that an amendment could not validate a suit that was fundamentally defective at the time it was filed.
The court consequently dismissed Nwoko’s application to amend the originating summons and struck out the substantive suit for want of jurisdiction.
