The Court of Appeal in Asaba has upheld the sacking of Senator Peter Nwaoboshi as the senator-elect for Delta North Senatorial District and affirmed the February 25 electoral victory of Senator Ned Nwoko of the People’s Democratic Party (PDP).
Justice Olubunmi Oyewole, who read the judgement via Zoom on Wednesday, described Nwaoboshi’s appeal as lacking in merit.
Recall that a Federal High Court in Abuja on 3 April 2019 sacked Nwaoboshi as the senator-elect for Delta North Senatorial District.
Justice Ahmed Mohammed gave the order while delivering judgment in a suit filed by Mr. Ned Nwoko challenging the election of Nwaoboshi as the candidate of the Peoples Democratic Party in the October 2, 2018 primaries of the party held in Delta.
The court held that Nwaoboshi, a serving senator, was not the duly elected candidate of the PDP in the primaries.
Justice Mohammed ordered the Independent National Electoral Commission (INEC) to publish the name of Nwoko as the PDP candidate, having established before the court that he secured the highest number of votes in the said primaries.
On 4 April 2019, Nwaoboshi appealed to the judgement sacking him as senator-elect.
On 17 April 2019, a Federal High Court in Abuja denied Nwaoboshi’s appeal to issue a restraining order to INEC stating that it was out of its jurisdiction as an Appeal court had already ruled on the case, consequently Justice Mahmud Mohammed ordered that INEC withdraw the certificate of return issued to Nwaoboshi and reissue a new certificate to Prince Ned Nwoko.
On 11 May 2019, INEC withdrew the certificate of return issued to Nwaoboshi.
Recall also in September 2023, the National and State Houses of Assembly Election Tribunal sitting in Asaba, the Delta State capital, rejected a petition from the All Progressives Congress (APC) against Nwoko, filed by Senator Nwaoboshi.
The Tribunal awarded a cost of N500,000 against the petitioner.
In suit numbered CA-AS-EP-SEN-DL-36-2023, Nwaoboshi appealed the judgement of the tribunal with INEC and Ned Nwoko Chinedu Munir listed as the Respondents.
Reading the ruling of the Appeal Court on Wednesday, Justice Oyewole said, “The Appeal is against the decision of the National Assembly Election Tribunal, Asaba where it dismissed the Appellant’s petition against the return of the second Respondent for the Delta North Senatorial District in the National Assembly.
“The court considered all the arguments canvassed by the parties on the issues and came to the conclusion that the appeal is devoid of merit and is accordingly dismissed.
“Although in this regard, the court did not award any cost and appreciated the industry put in by various counsel in respect of the various briefs.”
“Appeal dismissed,” Justice Oyewole added.
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