ABUJA/Nigeria: The Federal Court of Appeal sitting in Abuja on Thursday 30th May, 2019, declared Senator Peter Nwaoboshi as the authentic winner of Delta North Senatorial Primary Election.
The Appeal Court also set aside the judgement of the Federal High court which had earlier declared Hon. Ned Nwoko as the winner of the PDP senatorial primary election held in 2018
The appellate court has equally ordered INEC to recognise Senator Nwaoboshi as the senator duly elected to represent the people of Delta North in the Senate of the Federal Republic of Nigeria.
But in a swift reaction to the Appeal Court judgment, Prince Ned Nwoko has reportedly vowed to proceed to the Supreme Court, the highest Court in the land, to reclaim the mandate earlier given to him by Justice Ahmed Mohammed of the Federal High Court, sitting in Abuja, on April 3, 2019.
Reports sourced from the Appeal Court say that, the court in a decision on Thursday, May 30, 2019, declared that the case instituted at the Abuja Division of the Federal High Court which resulted in the recognition of Mr Nwoko as the winner of the election by the Independent National Electoral Commission, was wrongly filed.
The appellate court ruled that the matter ought to have been brought at the lower court before the expiration of 14 days from the time of the incidence that birthed the suit.
It further ruled that the failure of the applicant at the lower court to file the case before the expiration of 14 days meant that the case had become statute barred and the lower court lacked jurisdiction to entertain the matter in the first place.
“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.
Recall that INEC had withdrawn the certificate of return it issued to Senator Peter Nwaoboshi, following that Fderal High Court decision.
With the Appeal Court decision, Senator Nwaoboshi will now be recognised as the senator-elect for the zone and his Certificate of Return re-issued to him by INEC, as directed by the Court of Appeal.
Prince Ned Nwoko and Senator Peter Nwaoboshi are both of the PDP and had contested for the ticket of the party in the primaries on October 2, 2018, from which Peter Nwaoboshi was declared winner, after the exercise and his name duly submitted to INEC by the National Working Committee of the PDP, the body constitutionally authorized to submit names of successful candidates from the primaries. The PDP subsequently won the Delta North senatorial election and Senator Nwaoboshi who was its candidate, was declared senator-elect by INEC.
After the initial high court ruling, INEC withdrew the certificate issued to Mr Nwaoboshi and presented same to Mr Nwoko; a decision that would now be reversed based on the appeal court ruling.
Meanwhile, in his immediate reaction to the Appeal Court Judgment, Senator Peter Nwaoboshi, commended the appellate court judgment and said that he will continue to place absolute and utmost good faith in the judiciary as the last hope for man irrespective of status in the society.
Senator Nwaoboshi in a press statement signed by his Special Assistant Media, Owelle Awele Onokwai Snr, and made available to cshowcasenews.com, expressed his appreciation to his constituents and supporters all over the world for their immense prayers, support and solidarity all through the period.
The Senator further stated that as he looks forward to the inauguration of the 9th Assembly of the Senate, he will continue to facilitate, in accordance with his legislative powers, the development and growth of Delta North Senatorial District which is the sacred pact he freely entered with his constituents, even as he vowed to continue to protect the mandate freely given to him by the people with every legal means according to the constitution of the Federal Republic of Nigeria.
The Statement reads in full:
Today, being the 30th of May 2019, the Court Of Appeal sitting in Abuja, declared Distinguished Senator Peter Nwaoboshi as the authentic winner of the Delta North Senatorial Primary Election held on the 2nd of October, 2018.
The Appellate Court also set aside the judgement of an Abuja Federal High Court which declared Mr Ned Nwoko as winner of that Primary Election and had the Certificate of Return issued him by the Independent National Electoral Commission (INEC) declared null, void and of no consequence whatsoever.
Senator Peter Nwaoboshi as a product of the law and a lawmaker of the Federal Republic Of Nigeria will continue to place absolute and utmost good faith in the judiciary as the last hope of man, irrespective of status in the society.
Distinguished Senator Peter Nwaoboshi will like to use this medium to express his highest and heartfelt appreciation to his constituents and supporters all over the world for their immense prayers, support and solidarity all through this period.
Senator Peter Nwaoboshi is appreciative of the mandate freely given to him by the delegates and electorates of Delta North Senatorial District and this mandate, he will protect with every legal means according to the constitution of the Federal Republic of Nigeria.
As we prepare for the swearing-in of the 9th Assembly, Distinguished Senator Peter Nwaoboshi will continue in that path which has greatly endeared him to the hearts of the people of Delta North Senatorial District. Senator Peter Nwaoboshi will continue to facilitate, in accordance with his legislative powers, the development and growth of Delta North Senatorial District which is the sacred pact he freely entered with his constituents.
As we journey into the second term, Distinguished Senator Peter Nwaoboshi will not lower the bar per what he has accomplished in the first tenure instead, we look forward to a greater and better Delta North Senatorial District that will be a place of pride for ourselves, our children and generations to come.
God Bless You All.
Owelle Awele Onokwai Snr.
Media Aide to Distinguished Senator Peter Nwaoboshi
Thursday 30th May, 2019.
