Court strikes out Ned Nwoko’s suit challenging Okowa’s APC candidacy in Delta North

A Federal High Court in Abuja on Monday dismissed a pre-election suit filed by *Senator Ned Nwoko* seeking to nullify the emergence of former Delta State Governor *Dr. Ifeanyi Okowa* as the All Progressives Congress, APC, candidate for Delta North Senatorial District.

In his ruling, Justice Mohammed Umar held that the suit was “defective from the outset” and lacked the jurisdiction to be cured by amendment.

—The Case—

Nwoko had instituted the suit through one Mike Nwoko, identified in the court filings as his attorney.

He later applied to amend the originating processes to reflect that he personally filed the action.

The defendants — APC, Okowa and the Independent National Electoral Commission, INEC — opposed the amendment through their counsel, including Senior Advocate Kehinde Ogunwumiju.

—Court’s Ruling—

Justice Umar upheld the defendants’ objection, ruling that the case was instituted in a representative capacity and was therefore incompetent.

Relying on Section 285(14) of the 1999 Constitution and Section 88(2) of the Electoral Act 2026, the judge held that only an aspirant who participated in a party primary can institute a pre-election matter.

“The right to challenge the outcome or conduct of a party primary is a personal statutory right that cannot be exercised through an attorney or representative,” the court said.

“If the Constitution or the Electoral Act intended to allow such actions through an attorney, the laws would have expressly provided for it.”

On the application to amend, Justice Umar ruled that an amendment cannot breathe life into a suit that was void ab initio.

“There must first be a valid and competent suit before the court can consider an application for amendment. An amendment cannot create jurisdiction where none existed.”

Consequently, the judge dismissed Nwoko’s application to amend and struck out the substantive suit *for want of jurisdiction*.

The ruling clears the path for Okowa to proceed as the APC flagbearer for Delta North in the next senatorial election.