A Federal High Court in Abuja has struck out a pre-election suit filed by Senator Ned Munir Nwoko that sought to nullify the emergence of former Delta State Governor Ifeanyi Okowa as the All Progressives Congress (APC) candidate for the Delta North Senatorial District. Justice Mohammed Umar ruled on Monday that the case was fundamentally flawed from the moment it was filed because Nwoko did not personally institute the action.
Court Rules Filing Through Attorney Is Invalid
The suit, marked FCT/ABJ/CS/1062/2026, was originally commenced not by Nwoko himself but through a person described as his lawful attorney, Mike Nwoko. The senator later sought to amend the originating processes to reflect the suit as having been personally filed by him, a move that the APC, Okowa and the Independent National Electoral Commission (INEC), all named as defendants, strongly opposed.
Justice Mohammed Umar upheld the defendants' objections, including arguments advanced by Kehinde Ogunwumiju, SAN, on behalf of the APC. The judge found that the originating summons clearly showed the suit was instituted in a representative capacity, which he held to be contrary to the requirements of the law.
Constitutional and Electoral Provisions Cited
Drawing on Section 285(14) of the Constitution and Section 88(2) of the Electoral Act 2026, Justice Umar held that “the provisions were clear, explicit and unambiguous in vesting the right to institute a pre-election action in an aspirant, who participated in the relevant party primary.” The judge further held that the right to challenge the conduct or outcome of a party primary is personal to the aggrieved aspirant. Such an aspirant must personally invoke the jurisdiction of the court and cannot transfer that right to another person through a power of attorney or any other arrangement. He noted that neither constitutional provision nor the Electoral Act extended that right to an agent or representative.
Amendment Application Dismissed
Justice Umar also rejected Nwoko’s bid to amend the originating summons, finding that an amendment cannot revive a suit that was already void at the time of filing. He held that the court's power to grant amendments only applies where a competent and subsisting proceeding already exists before it. Because the originating process was itself a nullity, the judge held it could not confer jurisdiction on the court, and no retrospective amendment could change that. He accordingly dismissed the application for leave to amend and struck out the entire suit for want of jurisdiction.
Okowa to Contest Delta North Senatorial Seat
Okowa, who governed Delta State from 2015 to 2023, is set to contest the Delta North Senatorial seat under the APC at the next general election. Nwoko has not publicly commented on the court's decision. The ruling effectively clears the way for Okowa’s candidacy to proceed unchallenged from this suit.
Related Court Ruling on APC Primaries in Benue
In a related development, Justice Inyang Ekwo of the Federal High Court in Abuja restrained the APC and INEC from altering a disputed list of candidates from Benue state's 2027 primary elections. Aggrieved APC candidates filed the suit on July 5, 2026, seeking to stop the party from substituting validly nominated candidates through a June 29 correspondence to INEC. The court adjourned the substantive suit to July 21, 2026, after ruling that defendants are legally bound to preserve the subject matter of the litigation.
