Justice Umar strikes out Nwoko's pre‑election suit for lack of jurisdiction
Justice Umar of the Federal High Court struck out the pre‑election suit filed by businessman Ned Nwoko, ruling that the originating process was void for lack of jurisdiction and that an amendment could not cure the defect. The judge held that neither the Constitution nor the Electoral Act allows a lawyer, agent or representative to initiate a pre‑election suit, and dismissed the application to amend the suit, effectively ending Nwoko’s legal challenge.
The ruling affects politicians and aspirants who rely on legal counsel to file pre‑election cases, clarifying that only the aggrieved party or a properly authorized representative may bring such suits. For aspirants and their lawyers, it underscores the need to ensure proper standing before approaching the court, lest the case be struck out at the threshold. It also signals that courts will scrutinize the competence of the originating process more strictly.
The judgment followed Justice Umar’s dismissal of the application for leave to amend and the striking out of the substantive suit for want of jurisdiction. Nwoko’s legal team had sought to amend the suit after the court questioned its competence. With the suit dismissed, any further appeal must address the jurisdictional defect. Aspirants should verify that their legal representatives possess the requisite authority to file pre‑election petitions, or risk having the case thrown out before substantive arguments are heard.