Appeal Court returns Nwaoboshi as PDP senatorial candidate
The Court of Appeal, Abuja Division, has set aside the judgment of the Federal High Court, Abuja which removed Senator Peter Nwaoboshi as candidate of the Peoples Democratic Party (PDP) in the February 23 election for the senatorial seat Delta North.
A three-man panel of the appellate court led by Justice Mohammed Idris, in a unanimous judgment, held that the Federal High Court had no jurisdiction to have heard the case filed by Ned Nwoko.
The suit was pronounced statute barred while the verdict on the matter by the Abuja Federal High Court judge, Justice Ahmed Mohammed, on April 3, 2019 was held to have not been entertained by the court in the first place.
Nwaoboshi had been sacked on April 3 as the candidate for the PDP in the last Delta Senatorial seat election in a judgment presided by Justice Mohammed of the Abuja Federal High Court.
Justice Mohammed ordered the Independent National Electoral Commission (INEC) to accept Ned Nwoko as the candidate of the party instead as he declared Hon. Ned Nwoko as the winner of the said election which was held on February 23.
Miffed by the judgement of the trial court, Nwaoboshi headed to the appellate court to seek redress.
The Court of Appeal however set aside the judgment of Federal High Court and struck out Nwoko’s suit.
In the lead judgment, Justice Abdullahi Idris held that, “By the time the matter was instituted at the trial court, the action was statute barred having commenced outside the 14 days allowed by the law”.
“This appeal is allowed, consequently the order of the lower court is set aside and the suit is struck out” Justice Idris held.
Justice Idris also dismissed the preliminary objection filed by Nwoko.