The Federal High Court in Abuja has struck out a suit filed by Sen. Ned Nwoko challenging the emergence of former Delta State Governor Ifeanyi Okowa as the All Progressives Congress candidate for Delta North Senatorial District.
Justice Mohammed Umar delivered the ruling on Monday.
The court upheld the objections raised by lawyers representing the defendants, including Kehinde Ogunwumiju, SAN.
The judge held that the suit was defective and incompetent from the beginning.
Nwoko had filed the pre-election suit marked FHC/ABJ/CS/1062/2026 against the APC, Okowa and the Independent National Electoral Commission.
The senator sought to nullify Okowa’s emergence as the APC candidate for the Delta North senatorial seat.
However, the court found that the suit was not properly commenced.
According to the court, the originating summons showed that the case was filed in Nwoko’s name through a person described as his attorney, Dr Mike Nwoko.
Nwoko later applied to amend the originating processes to show that the suit was personally filed by him rather than through an attorney.
The defendants opposed the application.
Justice Umar agreed with the defence that the originating summons could not be amended in the manner requested by Nwoko.
The judge held that the form and content of the originating process showed that the suit was instituted in a representative capacity.
He relied on Section 285(14) of the 1999 Constitution and Section 88(2) of the Electoral Act, 2026.
The court said those provisions clearly state the category of persons who may file a pre-election suit.
Justice Umar held that the right to challenge a political party primary belongs personally to an aspirant who participated in the relevant primary.
He said such a right is a personal statutory right and cannot be transferred, assigned or exercised through an agent or attorney.
The judge further held that an aggrieved aspirant must personally approach the court in the manner prescribed by law.
According to him, the law does not allow an aspirant to transfer the right of action to another person through a power of attorney.
Justice Umar said if the Constitution or Electoral Act intended to allow an aspirant to file a pre-election suit through an attorney or representative, the law would have expressly provided for it.
He noted that neither Section 285(14) of the Constitution nor Section 88(2) of the Electoral Act extended that right to an attorney, agent or representative.
The court therefore rejected Nwoko’s application to amend the originating summons.
Justice Umar held that an amendment could not be used to rescue a suit that was incurably defective from the time it was filed.
He said no amendment could give life to an originating process that was already a nullity.
The judge added that there must first be a competent case before the court can exercise its discretion to allow an amendment.
He held that the originating process was void and incapable of giving the court jurisdiction.
Justice Umar consequently refused Nwoko’s request to amend the suit.
The court then struck out the substantive case for lack of jurisdiction.
The ruling leaves Okowa’s APC candidacy for Delta North Senatorial District unaffected by Nwoko’s challenge.
