A’Court reserves ruling on Delta North senatorial seat

By Andrew Orolua, Abuja

A three-man panel of the appellate court headed by Justice Adamu Jauro on Wednesday reserved judgment on two separate appeals filed Senator Peter Nwaoboshi and the Peoples Democratic Party (PDP) challenging the decision of Federal High Court, Abuja that nullified Sen. Nwaoboshi election.

Justice Jauro, who reserved the judgment, however, said that the appellate court will deliver its judgment not later than June 3 before the expiration of the statutory 60 days for the hearing of the appeal.

Sen. Nwaoboshi representing Delta North Senatorial District, who also won the February 28 election, is asking the appeal court to reverse the lower court’s decision delivered by Justice Ahmed Mohammed and to restate his victory as senator-elect.

At the hearing of the appeal on Wednesday, Chief Anthony Idigbe (SAN), counsel to the appellant after adopting his brief of argument 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 are 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 asked the court to consider the reliefs which were sought by the respondent- seeking a declaration that he won the PDP primary election which was not granted by the lower court.

He further urged the court to look at the result sheet of the primary election that was tendered by both the appellant and Nwoko at the lower court and find the date the primary took place, 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.

On the second issue, Idigbe (SAN) urged the court to hold that respondent (Nwoko) had the burden to show that the processes he filed at the lower court were served on the appellant. He said that till date the respondent never served them with the court processes, that the appellant only became aware of the suit from the media. 

Besides, he added that Nwoko did not appeal the lower court refusal to declare him winner of the primary election.

Responding, Nwoko’s lawyer, Ahmed Raji (SAN) urged the 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 by the Independent National Electoral Commission (INEC) showing the list of party candidates.

Counsel to the PDP, Emmanuel Enoidem whose brief of argument was struck out having been withdrawn by him relied on the submissions made by Idigbe while Anthony Onyeri, who represented INEC did not file any brief, but pledged to abide by the decision of the court.