The Court of Appeal on Thursday in Abuja reinstated Peter Nwaoboshi of the Peoples Democratic Party (PDP) as the senator-elect to occupy the Delta North Senatorial District seat in the National Assembly.
Nwaoboshi, who was declared winner at a primary conducted by the party eventually lost the position to Ned Nwoko following the decision of Justice Ahmed Mohammed of the Federal High Court in Abuja.
Nwoko had filed the suit challenging Nwaobochi’s emergence as the candidate to contest the election.
Delivering judgement, Justice Abdullahi Idris held that Nwoko’s action at the lower court was statute barred having not been filed within 14 days allowed by law.
“By the time the matter was instituted at the trial court, the action was statute barred having commenced outside the 14 days allowed by the law.
“This appeal is allowed, consequently the order of the lower court is set aside and the suit is struck out,’’ the judge said.
The judge also dismissed all the preliminary objections Nwoko had raised.
