The Court of Appeal in Abuja has nullified the judgment of the Federal High Court which led to the emergence of Ned Nwoko as the senator representing Delta North Senatorial District.
The court in a decision on Thursday said 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.
INEC had withdrawn the certificate of return it issued to Mr. Nwoko’s contender Peter Nwaoboshi, following the Federal High Court decision.
However, following the Appeal Court decision, Mr. Nwaoboshi will now be recognized as the senator-elect for the district.
Nwoko and Nwaoboshi are both of the PDP and had contested for the ticket of the party in the primaries. The PDP later won the senatorial election in the district with Mr. Nwaoboshi as its candidate.
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.
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