The
Court of Appeal, Abuja Division, has nullified the emergence of Ned Nwoko as the senator
representing Delta North Senatorial District.
The court in a decision on Thursday said the case
instituted at the Abuja Division of the Federal High Court which resulted in
the recognition of Mr Nwoko as the winner of the election by the Independent
National Electoral Commission was wrongly filed.
The appellate court ruled that the matter ought to have
been brought at the lower court before the expiration of 14 days from the time
of the incidence that birthed the suit.
It further ruled that the failure of the applicant at
the lower court to file the case before the expiration of 14 days meant that
the case had become statute barred and the lower court lacked jurisdiction to
entertain the matter in the first place. “As at the time the matter was
instituted at the Federal High Court, the case was statute barred. We set aside
the decision of the Federal High Court and strike out the case,” the court
ruled.
INEC had withdrawn the certificate of return it issued
to Ned Nwoko’s contender Peter
Nwaoboshi, following the FHC decision.
With the appeal court decision, Nwaoboshi will now
be recognised as the senator-elect for the district.
Nwoko and Nwaoboshi are both of the PDP and had contested for the ticket of the party in the primaries. The PDP later won the senatorial election in the district with Nwaoboshi as its candidate. After the initial high court ruling, INEC withdrew the certificate issued to Nwaoboshi and presented same to Nwoko; a decision that would now be reversed based on the appeal court ruling.
