Delta North Senatorial seat: A’ Court orders Nwoko to respond to Senator Nwaoboshi, PDP appeals within six days

…Fixed May 22, 2019 for hearing

Andrew Orolua, Abuja

The Court of Appeal in Abuja on Tuesday ordered Ned Nwoko who is contesting the Delta North Senatorial Seat with the incumbent Senator Peter Nwaoboshi to file his respond to Nwaoboshi and Peoples Democratic Party appeals within the next six days.

This was sequel to the Court granting of an accelerated hearing of the two appeals filed by Senator Peter Nwaoboshi and the Peoples Democratic Party (PDP)challenging the decision of the Federal High Court Abuja which on 3rd April 2019 nullified the candidature of Senator Nwaoboshi of the PDP in the just concluded election.

Justice Ahmed Mohammed of the Federal High Court had on April 3rd 2019 while delivering judgment on a pre election suit brought by Hon. Prince Ned Nwoko, nullified Senator Nwaoboshi’s nomination for the senatorial district’s election that was held on February 23, 2019.

Senator Nwaoboshi in the appeal has asked the Court of Appeal to determine whether the trial Court was right when it held that this suit filed on 11 December, 2018 was not statute barred in the light of the 14 days allowed in Section 285 (9) of the Fourth Alteration to the Constitution of the Federal Republic of Nigeria 1999 (as amended).

Whether the lower Court was right to have assumed jurisdiction on the ground that the Plaintiff ( Nwoko) had earlier filed Suit No. CV/ 3086/18 on 19th October, 2018 challenging the same primary election of 2nd October, 2018 before the High Court of the Federal Capital Territory, Abuja , which was withdrawn and struck out on 10th December, 2018 ,

Whether the learned trial court would have arrived at the conclusions it reached and proceeded to grant Nwoko’s prayers contained in his originating summons against the appellant (Nwaoboshi) had it properly evaluated the evidence before it, and had applied the law correctly.

Senator Nwaoboshi is contending that the trial court erred in law when it held that the 14 days time allowed by the Constitution stopped running in view of the 1st Respondent’s previous action on the subject matter before the High Court of the Federal Capital Territory, Abuja in Suit CV/ 3086/18, which was withdrawn and struck out on 10th December, 2018.

Finally on this issue, the appellant (Nwaoboshi ) is contending that by the said grounds that the suit Suit No. CV/ 3086/18, was itself statute barred as it was filed on 19th October 2018 outside of the 14 days time allowed , and that it was not capable of giving jurisdiction to the trial court.

That the conditions precedent for the court to exercise jurisdiction was not fulfilled, therefore the was dead on arrival for being statute barred.

The appellant (Nwaoboshi) is also contending that he squarely and fairly won the primary election of 2nd October, 2018 of the PDP which was the issue complained of in the originating summons filed by Nwoko.

That the trial Court erred in law when it relied on its null or elapsed order of 18th December, 2018 in invoking the presumption in Section167 (d) of the evidence Act 2011 (as amended ) without considering the effect and full import of the Appellant’s motion of 24th January,2019 seeking to set it aside for being a nullity.

It also the contention of the appellant that the trial court did not proceed as it should within the limits of an action commenced by way of originating summons in that its drew conclusions without oral evidence on unreliable and conflicting affidavit evidence.

When the matter was called on Tuesday , Senator Nwaoboshi’s lawyer Anthony Idigbe SAN informed the Court that they had filed an application to abridge time within which the appeal should be heard because the respondent have refused to respond to the appellant briefs of argument.

He said that the judgment being challenged was delivered on 3rd April , 2019 and that by the Constitutional provision the appeal will expire on 3rd June ,2019, therefore the Court should limit the time allowed for the respondent to respond to five days.

Nwoko’ s lawyer Ahmed Raji SAN did not oppose the application but sought seven days to file his respond. The Independent National Electoral Commission (INEC) and Peoples Democratic Party (PDP) lawyers Anthony Onyere and Emmanuel Inodem respectively also did not oppose the application.

Consequently, the Court gave Nwoko , INEC and PDP five days to file their respond and Nwaoboshi one day to file his reply on point of law .The court adjourned the appeal to May 22 ,2019 for hearing.