Delta North: Nwoko to appeal court decision on Okowa’s candidacy
Relying on Section 285 (14) of the 1999 Constitution and Section 88 (2) of the Electoral Act 2026—which prescribe the category of persons entitled to commence a pre-election suit—Justice Umar ruled that the provisions were “clear, explicit and unambiguous in vesting the right to institute a pre-election action in an aspirant who participated in the relevant party primary.
Former governor of Delta State, Ifeanyi Okowa Background Justice Mohammed Umar of the Federal High Court, Abuja, upheld arguments from the defendants’ lawyers, including Kehinde Ogunwumiju, SAN, that Mr Nwoko’s suit was fundamentally defective and incompetent from its inception.
He noted that neither the Constitution nor the Electoral Act contains provisions extending the right to commence a pre-election suit to an attorney, agent, or representative.
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