A’Court reinstates Sen. Nwaoboshi as Senator -elect for Delta – North

The Court of Appeal sitting in Abuja on Thursday reinstated Senator Peter Nwaoboshi as the senator-elect for Delta North senatorial election held on February 23.

Recall that the Federal High court in Abuja had in April this year nullified Nwaoboshi election and declared Hon. Ned Nwoko as the winner of the said election.

But the Court of Appeal in a unanimous jurymen decision set aside the judgment of the federal High Court which was delivered by Justice Ahmed Mohammed and has since struck out Nwoko’s suit for being statute barred at the time the suit was filed at the lower court.

Other justices on the panel; Justice Adamu Jauro and Justice Emmanuel Agim agreed with the lead judgment.

Delivering the lead judgment, Justice Mohammed Baba  Idris held that :”By the time the matter was instituted 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 hereby struck out.”

In the same vein, Justice Idris also dismissed the preliminary objection filed by Nwoko challenging the competent of appeal, saying the objection lacked merit.
Also struck out for filing out of time was the notice filed by Nwoko counsel, Ahmed Raji SAN, where he was adducing further reasons why Justice Mohammed judgment should be upheld.

After adopting their briefs,  Sen. Nwaoboshi’s lawyer Anthony Idigbe (SAN) and Hon. Nwoko lawyer Ahmed Raji (SAN) adopted their briefs the former had  urged the appellate court to uphold the appeal and reinstate senator Nwaoboshi as the senator- elect for Delta North
Senatorial district.

During the arguments, the appellant lawyer asked the court to consider the reliefs which were sought by the respondent whose prayer seeking a declaration that he won the PDP primary election , was not granted by the lower court.

Arguing further, Idigbe equally urged the appellate court to hold that respondent (Nwoko) had the burden to show that the processes he filed at the lower court was served on the appellant.

Objecting, Nwoko’s lawyer Ahmed Raji (SAN ) had urged the appellate court to dismiss the appeal on the ground that the suit was filed within time allowed by law.

He explained that the ‘action’ which ignited the suit was the publication made the Independent National Electoral Commission (INEC) showing the list of party candidates.
Counsel to PDP, Emmanuel Enoidem and Anthony Onyeri counsel to the Independent National Electoral Commission (INEC) adopted their brief of arguments.

While PDP aligned with Nwaoboshi , INEC had left the matter at the discretion of the appellate court.

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