A’Court reinstates Nwaoboshi as senator-elect for Delta North

By Andrew Orolua,, Abuja

The Court of Appeal, Abuja on Thursday reinstated Senator Peter Nwaoboshi as the validly elected senator for Delta North Senatorial District in the National Assembly election held on February 23.

The Federal High court in Abuja had in April nullified Sen. Nwaoboshi election and declared Ned Nwoko as the winner of the said election.

But, the Court of Appeal in a unanimous judgement set aside the judgment of the Federal High Court delivered by Justice Ahmed Mohammed and struck out Nwoko’s suit for being statute barred at the time the suit was filed at the lower court.

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 struck out.”

Justice Idris also dismissed the preliminary objection filed by Nwoko, challenging the competent of appeal, declaring that the objection lacks merit.

Equally struck out is the notice filed by Nwoko’s counsel, Ahmed Raji (SAN), who wanted to give further reasons why the high court’s ruling should be upheld, Justice Idris saying that the notice was filed out of time.

Other justices on the panel are Justice Adamu Jauro and Justice Emmanuel Agim, who all agreed with the lead judgment.

Our correspondent recalls that the Court of Appeal had on May 23, reserved judgment after Sen. Nwaoboshi’s lawyer, Anthony Idigbe (SAN) and Nwoko’s lawyer, Ahmed Raji (SAN) adopted their briefs.

At the hearing of the appeal, Idigbe (SAN) had urged the appellate court to uphold the appeal and restate Sen. Nwaoboshi as the senator- elect for Delta North Senatorial District.

He said that two issues were involved in the appeal. First, is whether the case as filed by Ned Nwoko at the Federal High Court was a pre- election matter and statute barred at the time it was filed.

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

He further urged the appellate court to look at the result sheet of the primary election that was tendered by both the appellant and Nwoko at the lower court, maintaining that the suit being a pre- election matter was first filed at the Federal Capital Territory High Court after the 14 days allowed by law had elapsed.