Court Strikes Out Nwoko’s Suit Against Okowa’s Senatorial Bid

The Federal High Court in Abuja has dismissed a pre-election 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.

Senator Nwoko had instituted the action through a person described as his attorney, Mike Nwoko, rather than in his personal capacity. He later sought to amend the processes to reflect that he personally commenced the suit, but the defendants opposed the application.

The defendants in the matter are the APC, Okowa, and the Independent National Electoral Commission (INEC).

Justice Mohammed Umar on Monday July 20, 2026 upheld the defendants’ contention that the suit, marked FHC/ABJ/CS/1062/2026, was fundamentally defective and incompetent from the outset.

The judge ruled that the originating summons could not be amended as requested by Nwoko.

Citing Section 285(14) of the 1999 Constitution (as amended) and Section 88(2) of the Electoral Act, 2026, the judge emphasised that the right to challenge the outcome of a party primary is a personal statutory right vested exclusively in an aspirant who participated in the primary.

“The provisions are clear and unambiguous. The right belongs personally to the aggrieved aspirant and cannot be assigned, transferred or exercised through an agent or attorney,” Justice Umar declared.

The judge noted that neither the Constitution nor the Electoral Act makes provision for an aspirant to institute a pre-election action through a representative.

He rejected the application for amendment, describing the originating process as a nullity incapable of being cured.

Consequently, Justice Umar struck out the suit for want of jurisdiction, as the court lacked the competence to entertain the matter from inception.