A three-man panel of Justices of the appellate court headed by Justice Adamu Jauro, fixed May 22 for definite hearing of the appeal that lodged before it by Senator Peter Nwaoboshi whose election was nullified by the Federal High Court in Abuja on the premise that he was not validly nominated by the PDP.
Idigbe, SAN, noted that the high court judgment being challenged was delivered on April 3, stressing that the appeal will become statute barred on June 3 when the constitutionally allowed period will expire. 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.
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 of the Fourth Alternation to the Constitution of the Federal Republic of Nigeria 1999 , 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.
He had through his lawyer, Mr. Selekowei Larry, SAN, pleaded the court to suspend the judgement to allow the appellate court to decide the case. In the Originating Summons he filed on December 11, 2018, Prince Nwoko, urged the court to among other things, determine whether INEC which supervised the primary election of the PDP and knew that he won majority votes cast, was not wrong to accept and publish Nwaoboshi’s name as PDP’s candidate for the Senatorial poll.
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.
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