The Federal High Court, Abuja Division, has struck out a suit filed by Miriam Onuoha challenging the recognition of Uchenna Agasu as the All Progressives Congress candidate for the 2027 election.

Justice Salim Ibrahim, in a judgement, held that the court lacked the jurisdiction to hear and determine the case on the ground that a court of coordinate jurisdiction had determined a similar suit.

Mr Ibrahim, who upheld the preliminary objection filed by Mr Agasu, described the suit as “an abuse of court process”.

Although the judgement was delivered on August 24, its certified true copy was made available on Friday.

Ms Onuoha, chairperson of the House of Representatives’ Committee on Tertiary Education Trust Fund, filed the suit to challenge INEC’s recognition of Mr Agasu as the party’s candidate.

She named APC, Mr Agasu and INEC as the first to third defendants in the suit marked FHC/ABJ/CS/1568/2026.

The lawmaker, in the originating motion dated July 20 and filed by George Ibrahim.

She sought an order setting aside the purported upload of Agasu’s name by INEC on its portal on July 11 as the APC’s candidate for the Isiala/Mbano/Okigwe/Onuimo federal constituency seat of Imo in the 2027 general elections.

Ms Onuoha sought an order directing the commission to upload her name as the APC candidate for the constituency seat forthwith.

She also sought an order of injunction restraining Agasu from parading himself as the candidate of the party for the constituency seat, among others.

But APC and Mr Ndubueze disagreed with Ms Onuoha’s submissions.

Mr Agasu, through his counsel, Paul Ananaba, prayed the court to dismiss the suit as a gross abuse of the court process.

He argued that the court lacked the jurisdiction to hear the case on the ground that an Owerri court had, on June 25, delivered a judgement on a similar case.

He further submitted that the earlier judgement remained subsisting and that the present proceedings amounted, in effect, to an invitation to the instant court to rehear a question already determined by another judge of the same court.

INEC, in its affidavit of facts and written address filed by Johnson Usman, stated that it would abide by the court’s determination.

Mr Usman further explained that under the prevailing nomination arrangement, political parties themselves uploaded candidates’ particulars through the access granted by the commission. He stated that the name uploaded by the APC on July 11 was that of Mr Ndubueze and that the said name remained on the portal as at the date of hearing.

Delivering the judgement, Mr Ibrahim said that before going into the substantive suit, the court would look at the preliminary objection filed by Mr Agasu in line with the previous Supreme Court decision.

He agreed with Mr Agasu’s submission that the Owerri suit and the instant case bordered on the same subject matter.

“I therefore find merit in the preliminary objection and hold that it ought to be sustained. Accordingly, I hereby sustain the preliminary objection and strike out Suit No. FHC/ABJ/CS/1569/2026… There shall be no order as to costs,” the judge ruled.

(NAN)