The Federal High Court sitting in Abuja has struck out a suit filed by a member of the House of Representatives, Miriam Onuoha, challenging the recognition of Uchenna Agasu as the All Progressives Congress candidate for the Isiala Mbano/Onuimo/Okigwe federal constituency of Imo State in the 2027 general elections.
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Justice Salim Ibrahim upheld a preliminary objection filed by Agasu and ruled that the court lacked jurisdiction to determine the dispute because a court of coordinate jurisdiction had already decided a similar case involving the same subject matter.
The judge consequently described the fresh action as an abuse of the court process.
The judgment was delivered on August 24, 2026, while its certified true copy was made available on Friday.
Onuoha, who chairs the House of Representatives Committee on Tertiary Education Trust Fund, instituted the action against the APC, Agasu and the Independent National Electoral Commission.
In the suit marked FHC/ABJ/CS/1568/2026, she challenged the purported uploading of Agasu’s name on INEC’s portal on July 11 as the APC candidate for the constituency.
The lawmaker asked the court to set aside Agasu’s nomination and direct INEC to immediately upload her name as the party’s candidate for the 2027 election.
She also sought an injunction restraining Agasu from presenting or parading himself as the APC candidate for the constituency.
Agasu, through his counsel, Paul Ananaba, SAN, urged the court to dismiss the suit for being a gross abuse of the judicial process.
He argued that the Federal High Court in Owerri had delivered a judgment on June 25 in a similar case and that the decision remained valid and subsisting.
According to him, entertaining Onuoha’s suit would amount to asking one judge of the Federal High Court to reconsider a matter already decided by another judge of the same court.
INEC, through its counsel, Johnson Usman, filed an affidavit of facts and informed the court that it would abide by its decision.
Delivering judgment, Justice Ibrahim agreed that the earlier case before the Owerri Division and Onuoha’s action concerned the same subject matter.
“I therefore find merit in the preliminary objection and hold that it ought to be sustained,” the judge ruled.
The court accordingly upheld the preliminary objection, struck out the suit and made no order as to costs.
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