Court of Appeal has set aside the judgment that nullified Peter Nwaoboshi as the senator-elect representing Delta-north senatorial district of Delta state.
Ned Nwoko had filed a suit challenging the election of Peter Nwaoboshi as the candidate of the Peoples Democratic Party, in the 2nd October primaries of the party held in Delta.
The court had held that Mr Nwaoboshi, a serving senator, was not the duly elected candidate of the PDP in the primary election.
The judge had subsequently ordered the Independent National Electoral Commission to publish the name of Mr Nwoko as PDP candidate, having established before the court that he scored the highest number of votes in the said primary election.
But delivering Judgment, Justice Mohammad Idris held that the trial court lacked the jurisdiction to first entertain the matter and the matter was filed outside the mandatory 14 days as for pre-election matter, hence the matter at the trial court was statue barred, and judgment delivered on 3rd April 2019 set aside.
