A Federal High Court in Abuja has struck out a suit filed by Senator Ned Munir 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.

Justice Mohammed Umar delivered the ruling today, noting that the suit was fundamentally defective and incompetent from the outset because it was not personally instituted by the plaintiff as required by law. Nwoko had filed the suit, through a person identified in the court documents as his lawful attorney, Mike Nwoko, rather than in his personal capacity.

During the proceedings, the senator applied to amend the originating processes to reflect that the action had been personally commenced by him. However, the defendants, including the APC, Ifeanyi Okowa, and the Independent National Electoral Commission (INEC), opposed the application.

In his ruling, Justice Umar agreed with the defendants' submissions, including those of counsel to the APC, Kehinde Ogunwumiju, that the suit was incurably defective from inception and could not be salvaged through an amendment.

The court held that the originating summons clearly showed the action was filed in a representative capacity through an attorney, contrary to the provisions governing pre-election matters. Relying on Section 285(14) of the 1999 Constitution (as amended) and Section 88(2) of the Electoral Act 2026, the judge ruled that only an aspirant who participated in the relevant party primary has the legal standing to institute a pre-election suit.

— GUARDIAN