Court of Appeal on Thursday nullified the April 3, 2019 judgment of the Federal High Court, Abuja which sacked Senator Peter Nwaoboshi as the Peoples Democratic Party’s senator-elect for the Delta North Senatorial seat.
The Independent National Electoral Commission (INEC), on May 11, 2019, withdrew the Certificate of Return it issued to the chairman, Senate Committee on Niger Delta Development Commission, (NDDC) and senator representing Delta North senatorial district of Delta state, Peter Nwaoboshi.
The Court of Appeal ruled that the matter ought to have been tabled before the lower court before the expiration of 14 days from the time of the incidence that birthed the suit.
Ruling also that the case had become statute barred and that the lower court lacked jurisdiction to entertain the matter because of the failure of the applicant at the lower court to file the case before the expiration of 14 days
“As at the time the matter was instituted at the Federal High Court, the case was statute barred. We set aside the decision of the Federal High Court and strike out the case,” the court ruled.