Court Dismisses Ned Nwoko’s Challenge To Okowa’s APC Senate Ticket

A Federal High Court sitting in Abuja has struck out a lawsuit filed by Senator Ned Munir Nwoko challenging the nomination of former Delta State Governor Ifeanyi Okowa as the All Progressives Congress (APC) candidate for the forthcoming Delta North Senatorial election.

Justice Mohammed Umar ruled that the suit was incompetent from the outset because it was filed through an alleged attorney rather than being personally instituted by the senator, as required under the Constitution and the Electoral Act.

The suit, marked FCT/ABJ/CS/1062/2026, was initiated by Dr Mike Nwoko, who was identified in the court documents as Senator Nwoko’s lawful attorney.

During the proceedings, the senator sought the court’s permission to amend the originating processes by replacing the attorney with himself as the direct claimant.

However, the application was opposed by the defendants, including the All Progressives Congress (APC), Ifeanyi Okowa, and the Independent National Electoral Commission (INEC).

Court Declares Suit Fundamentally Defective

In his judgment, Justice Umar agreed with the submissions of the defendants, including APC’s counsel, Kehinde Ogunwumiju (SAN), that the suit was fundamentally defective and could not be corrected through an amendment.

The judge held that Section 285(14) of the 1999 Constitution and Section 88(2) of the Electoral Act 2026 clearly state that only an aspirant who personally participated in a party primary has the legal right to institute a pre-election matter.

According to the court, that right is personal and cannot be exercised through an attorney, representative or agent.

Justice Umar noted that the originating summons clearly indicated that the action was filed in a representative capacity, contrary to the legal provisions governing pre-election disputes.

He further ruled that if the Constitution or the Electoral Act intended to permit aspirants to file such suits through attorneys, the law would have expressly provided for it.

Amendment Cannot Cure an Invalid Suit

Rejecting Senator Nwoko’s application to amend the originating processes, the judge ruled that a court cannot revive proceedings that were void from the beginning.

“There must first be a competent and subsisting proceeding before the court can exercise its discretionary power to permit an amendment. Where the originating process itself is void and incapable of conferring jurisdiction, an amendment cannot operate retrospectively to create a valid suit,” Justice Umar held.

Having determined that the originating process was incompetent, the court dismissed the application for amendment and struck out the substantive suit for lack of jurisdiction.