A Federal High Court in Abuja on Wednesday sacked Senator Peter Nwaoboshi, as the senator-elect, for Delta North district. The court presided over by Justice Ahmed Mohammed ruled that Ned Nwoko was the winner of the October 2, 2018 PDP primary and should be published as the rightful PDP candidate.
- The court also barred Nwaoboshi from parading himself as the PDP candidate for the district.
Backstory: After the PDP primary, Nwoko filed a suit:
- To prohibit INEC from publishing Nwaoboshi’s name as the PDP candidate, and;
- For INEC to submit his name instead.
- He told the court that in the primary, he scored 453 votes, Nwaoboshi scored 405 votes and Paul Osaji got 216 votes. The PDP however submitted Nwaoboshi’s name as its candidate.
- An internal party dispute resolution effort failed.
While the case was going on, Nwaoboshi contested and won the election as the senator-elect of the district.
The defence: Nwaoboshi, the PDP and INEC basically argued for the court to dismiss the case because, according to them, Nwoko’s suit was not filed within the legally-stipulated time.
Justice Mohammed ruled that Nwoko’s case was not statue-barred (limited by time).
- He held that Nwoko was entitled to his claims and prayers, having established that he emerged victorious in the PDP primary election.