The Court of Appeal has set aside the judgment of the Federal High Court which sacked Senator Peter Nwaoboshi as the senator-elect for Delta North senatorial district.
The ruling of the lower court was set aside on Thursday in a lead judgment read by Justice M. B. Idris.
Justice Idris held that after a forensic examination of the affidavits and exhibits filed, the court came to conclusions that the cause of complaint was the primary election which held in Delta North senatorial district.
He added that at the time, Mr Ned Nwoko filed the suit challenging the primary it was status barred and did not meet the required 14 days for which a pre-election matter can be filed and the Federal High Court had no business entertaining the suit.
In April, Justice Ahmed Mohammed of the Federal High Court in Abuja held that Senator Nwaoboshi, who is a serving senator, was not the winner of the Peoples Democratic Party (PDP’s) primary held on October 2, 2018.
He, thereafter, ordered the Independent National Electoral Commission (INEC) to publish the name of Ned Nwoko as the candidate of the PDP, having established the fact before the court that Nwoko scored a majority of the lawful votes at the primary.
Justice Mohammed had also ordered Senator Nwaoboshi from parading himself as the candidate of the PDP for the senatorial zone.
Mr Nwoko, through his counsel Ahmed Raji, had dragged INEC, the PDP, and Senator Nwaoboshi before the court.
He sought an order to stop INEC from publishing or further publishing the name of Senator Nwaoboshi as the candidate for Delta North Senatorial District.
