A three-man panel of Justices of the Appeal Court led by Justice Adamu Jauro, has reserved judgment on two separate appeals filed by Senator Peter Nwaoboshi and the Peoples Democratic Party (PDP) challenging the decision of Federal High Court, Abuja that nullified Nwaoboshi’s election.
Justice Jauro who reserved the judgment, however said that the appellate court will deliver its judgment not later than June 3, before the expiration of the statutory 60 days for the hearing of the appeal.
Senator Nwaoboshi, representing Delta North Senatorial district, who also won the February 28 senatorial district election is asking the appellate court to reverse the lower court decision delivered by Justice Ahmed Mohammed and to restate his victory as senator-elect of the senatorial district.
At the hearing of the appeal, Chief Anthony Idigbe (SAN), counsel to the appellant after adopting his brief of argument, urged the appellate court to uphold the appeal and restate senator Nwaoboshi as the senator- elect for Delta North Senatorial district.
He said that two issues are involved in the appeal. First, is whether the case as filed by Hon. Ned Nwoko at the Federal High Court was a pre- election matter and statute barred at the time it was filed.
The appellant lawyer asked the court to consider the reliefs which were sought by the respondent- seeking a declaration that he won the PDP primary election which was not granted by the lower court.
He further urged the appellate court to look at (exhibit 1) the result sheet of the primary election that was tendered by both the appellant and Nwoko at lower court and would find the date the primary took place. He maintained that the suit being a pre election matter was first filed at Federal Capital Territory High Court after the 14 days allowed by law had elapsed.
On the second issue, Idigbe (SAN) urged the appellate court to hold that respondent (Nwoko) had the burden to show that the processes he filed at the lower court was served on the appellant.
He said that till date the respondent never serve them with the Court processes, that the appellant only became aware of the suit from the media. Besides, he added that the 1st respondent (Nwoko) did not appeal the lower court refusal to declare him winner of the primary election.
Responding, Nwoko’s lawyer Ahmed Raji SAN urged the appellate court to dismiss the appeal on the ground that the suit was filed within time allowed by law.
He explained that the ‘action’ which ignited the suit was the publication made the Independent National Electoral Commission (INEC) showing the list of party candidates.
Counsel to PDP, Emmanuel Enoidem whose brief of argument was struck out haven been withdrawn by the counsel relied on submissions made by Idigbe.
Anthony Onyeri who represented INEC did not file brief , but pledged to abide by the decision of the court.
Similar arguments and submissions were proffered during the hearing of the appeal filed by PDP against the decisions of the lower court. PDP lawyer, Enoidem urged the court to note that Nwoko complaint centred on primary election therefore the respondent can not at this point said it is publication that ignite his suit.
Other members of the panel of justices are Justice Emmanuel Agim and Justice Mohammed Baba Idris.
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