The Federal High Court in Abuja has struck out a lawsuit by House of Representatives member Miriam Onuoha contesting the Independent National Electoral Commission’s recognition of Uchenna Agasu as the All Progressives Congress candidate for a federal constituency seat in Imo State in the 2027 elections.
Justice Salim Ibrahim ruled that the court lacked jurisdiction because a similar matter had already been decided by another court of equal standing, describing the fresh action as an abuse of process.
The judgment was delivered on 24 August 2026; its certified true copy became available on Friday, 4 September.
Onuoha, who chairs the House Committee on the Tertiary Education Trust Fund, filed the originating motion on 20 July 2026 through counsel George Ibrahim. She listed the APC, Agasu and INEC as defendants in the suit marked FHC/ABJ/CS/1568/2026.
She asked the court to nullify the name that INEC’s portal showed for Agasu on 11 July as the APC candidate for the Isiala/Mbano/Okigwe/Onuimo federal constituency, to direct the commission to list her instead, and to restrain Agasu from presenting himself as the party’s nominee.
Agasu’s lawyer, Paul Ananaba, filed a preliminary objection arguing that an Owerri court had already delivered judgment on a comparable case on 25 June 2026. He maintained that the earlier decision remained in force and that the Abuja proceedings effectively sought to reopen a settled question before a court of coordinate jurisdiction.
INEC, through counsel Johnson Usman, said it would comply with whatever the court decided. Usman explained that political parties upload candidates’ details themselves using access provided by the commission and confirmed that the name uploaded by the APC on 11 July, identified in the commission’s filing as Mr Ndubueze was still on the portal at the time of hearing.
Justice Ibrahim first considered the preliminary objection, consistent with Supreme Court guidance. He agreed that the Owerri and Abuja suits concerned the same subject matter, found merit in the objection, sustained it and struck out the suit. No order was made as to costs.
The dispute centres on which individual the APC validly nominated for the Isiala/Mbano/Okigwe/Onuimo seat ahead of the 2027 general elections and on whether INEC’s portal correctly reflected that nomination. Onuoha’s action sought to reverse the uploaded name and secure her own recognition as the party’s candidate.
The striking-out leaves the earlier Owerri judgment as the operative decision of a court of coordinate jurisdiction on the overlapping issues. Any further challenge would need to proceed through the appropriate appellate channels or other legally available routes.
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