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In a ruling on Thursday, the court ruled that the case brought before the division of the Federal High Court in Abuja had resulted in the recognition of Mr. Nwoko as the winner of the poll by the Independent National Electoral Commission.
The court of appeal ruled that the case should have been brought before the lower court before the expiration of a period of 14 days from the time of the birth of the complaint.
It further stated that the fact that the applicant had not been tried by the lower court before the expiry of the 14-day period meant that the case was now closed and that the lower court had no jurisdiction. 39; was not competent to review the case in the first place. "At the time when the case had been brought before the Federal High Court, the case was time-barred. We overturned the decision of the Federal High Court and struck down the case, "the court ruled.
INEC had withdrawn the certificate of return issued to Peter Nwaoboshi, the competitor of Ned Nwoko, following the decision of FHC.
With the decision of the court of appeal, Nwaoboshi will now be recognized as an elected district senator.
Nwoko and Nwaoboshi are both from the PDP and had contested the party ticket during the primaries. The PDP then won the senatorial elections in the district with Nwaoboshi as candidate. After the initial decision of the High Court, INEC withdrew the certificate issued to Nwaoboshi and presented it to Nwoko; a decision that would now be overturned on the basis of the decision of the court of appeal.
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