A Federal High Court sitting in Abuja has struck out a suit filed by Senator Ned Munir Nwoko, seeking to void the emergence of former Delta State Governor, Ifeanyi Okowa, as the candidate of the All Progressives Congress for the next election in the Delta North Senatorial District of Delta State.
![](https://thenigerialawyer.com/wp-content/uploads/2026/06/ELLAN.png")
![](https://thenigerialawyer.com/wp-content/uploads/2026/05/2026-Summer-IDRI-Masterclass.jpg")
The suit, marked FCT/ABJ/CS/1062/2026, was commenced in Nwoko’s name but through a person described in the originating processes as his lawful attorney, Dr. Mike Nwoko.
Nwoko later applied to amend the originating processes to show that the pre-election suit was personally commenced by him rather than through his purported attorney.
However, the application was opposed by the defendants in the suit, including the APC, Okowa, and the Independent National Electoral Commission.
Delivering ruling, Justice Mohammed Umar upheld the arguments of the defendants’ lawyers, including Kehinde Ogunwumiju, SAN, who appeared for the APC, that the suit was fundamentally defective and incompetent from the beginning.
The court held that the defect could not be cured by amendment.
Justice Umar, after examining the originating summons, found that the suit was commenced by Senator Nwoko through his purported lawful attorney, Dr. Mike Nwoko.
The judge held that the form and content of the originating process showed that the suit was instituted in a representative capacity.
Relying on Section 285(14) of the Constitution and Section 88(2) of the Electoral Act 2026, Justice Umar held that the right to institute a pre-election action is vested only in an aspirant who participated in the relevant party primary.
According to the court, the provisions are clear, explicit and unambiguous.
The judge further held that the right created by the Constitution and the Electoral Act is a personal statutory right belonging exclusively to the affected aspirant, and not an ordinary civil right that can be assigned, transferred or exercised through an agent or attorney.
Justice Umar agreed with the defendants that the right to challenge the outcome, conduct or validity of a political party’s primary election is personal to the aspirant who participated in the primary and claims to have been aggrieved by the process.
He held that such an aspirant must personally invoke the jurisdiction of the court in the manner prescribed by law and cannot transfer the right of action to another person through a power of attorney.
The court also held that if the Constitution or the Electoral Act intended to allow an aspirant to institute a pre-election action through an attorney or in a representative capacity, the law would have expressly provided so.
Justice Umar noted that neither Section 285(14) of the Constitution nor Section 88(2) of the Electoral Act extends the right to commence a pre-election suit to an attorney, agent or representative of an aspirant.
The judge consequently rejected Nwoko’s application for amendment, holding that an amendment cannot be used to revive a suit that was incurably defective from the moment it was filed.
He stressed that no amendment could breathe life into an originating process that was already a nullity.
Justice Umar held that there must first be a competent and subsisting proceeding before the court can exercise its discretion to allow an amendment.
According to him, where the originating process is void and incapable of conferring jurisdiction on the court, an amendment cannot operate retrospectively to create a valid suit.
The court dismissed Nwoko’s application for leave to amend the originating summons and struck out the substantive suit for want of jurisdiction, having found that the originating summons was incompetent.
LAWBREED — Equipping You For Greater Success!
_______________________________________________________________________
“Order Justice Omolaye-Ajileye’s Electronic Evidence Books Now” — Essential Guides On Evidence Act, Case Law And Digital Proof
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
As an added bonus, every purchase comes with a FREE ebook titled: “How to use the AI in Legalpedia and Law Pavilion.”
Ohio Books Ltd praises the publication, stating:
"....this is the only Nigerian book I know of on the topic."
How to Order:
📞 Call, Text, or WhatsApp: 08034917063 | 07055285878
📧 Email: benadigwe1@gmail.com
🌎 Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
Authored by Ben Ijeoma Adigwe Esq., ACiarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
