Delta North: A-Court gives Nwoko 6 days to respond to Nwaoboshi’s appeal vanguardngr.com vanguardnews
The Abuja Division of the Court of Appeal, on Tuesday, okayed accelerated hearing on the disputed Delta North Senatorial seat that was won by the Peoples Democratic Party, PDP.
Justice Jauro also directed the Independent National Electoral Commission, INEC, to within the same number of days, state its own position on the disputed primary election.
The application was not opposed by Nwoko’s lawyer, Mr. Ahmed Raji, SAN, who however requested to be given seven days to file his client’s response to the appeal.
It will be recalled that Justice Ahmed Mohammed of the Federal High Court in Abuja had in a judgement on April 3, held that Nwaoboshi was not validly nominated in the primary election the PDP held in Delta State on October 2, 2018.
However, dissatisfied with the judgment, the embattled lawmaker approached appellate court, asking it to set it aside.
He urged the appellate court to hold that the trial judge erred in law when he held that the suit was not caught by the 14 days rule in section 285(9) of the Fourth Alternation to the Constitution of the Federal Republic of Nigeria 1999 (as amended), as the primary election, subject matter of the suit, was conducted on October 2, 2018 and the 14 days time allowed started running on the same October 2, 2018 when the primary election took place.
The high court had on April 17, rejected application by the appellant for the stay of execution of the judgment pending the determination of his appeal.
The trial Judge ordered all the parties to go before the appellate and ventilate their case, stressing that record of proceedings in the matter had already been compiled and transmitted to the higher court.
He also urged the court to determine whether by mandatory provision of the Electoral Act, INEC, was not bound to publish his name as the bonafide winner of the Delta North Senatorial primary, having secured the highest number of votes.
The plaintiff, aside alleging that Nwaoboshi used illegal delegates during the primary, told the court that the Senator-elect hired thugs to cause stampede when he learned of his imminent defeat.
In his judgment, Justice Mohammed noted that though the order for production of the ballot papers was directed to the PDP, however, it was Nwaoboshi that vehemently opposed the order.
He dismissed all the preliminary objections the PDP, Nwaoboshi and INEC lodged against the suit.
They argued that the suit was filed over 65 days after Nwaoboshi’s name was submitted to INEC.Read more: Vanguard Newspapers
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