Fidelity bank card banner Camano banner

Nwaoboshi appeals judgment sacking him as Delta North Senator-Elect

By News Express on 05/04/2019

Views: 356

• Senator Nwaoboshi
• Senator Nwaoboshi

Senator Peter Nwaoboshi has challenged the judgement which nullified his nomination as the candidate of the Peoples Democratic Party (PDP) in the Delta North senatorial district election. 

The lawmaker, who represents the senatorial district in the National Assembly, asked the Court of Appeal sitting in Abuja to set aside the judgement of the Federal High Court which nullified his candidacy.

In his judgement delivered on Wednesday, Justice Ahmed Mohammed held that Nwaoboshi was not the winner of the PDP primary held on October 2, 2018, to select a candidate for the 2019 general elections.

The judge had ordered the Independent National Electoral Commission (INEC) to publish the name of Ned Nwoko as the candidate of the PDP, having established the fact before the court that Nwoko scored a majority of the lawful votes in the primary.

He also ordered Senator Nwaoboshi to stop parading himself as the candidate of the PDP for the senatorial district.

Dissatisfied with the judgement, the lawmaker in the notice of appeal, listed five grounds of appeal.

In ground one, he said the learned trial judge erred in law when he held that the suit was not caught by the 14 days rule in section 285 subsection (9) of the Fourth Alternation to the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), as the primary election, which was the subject matter of the suit was conducted on October 2, 2018 and the 14 days allowed started running on the same October 2, 2018 when the primary election took place.

In ground two, the trial judge was said to have erred in law when he held that he had jurisdiction to entertain the suit despite same being filed on December 11, 2018, because the first respondent, Nwoko had earlier filed a suit before the High Court of the Federal Capital Territory, Abuja which he withdrew and same was struck out, because it was caught by the same 14 days rule in view of section 285(9) Fourth Alteration to the constitution of the Federal Republic of Nigeria, 1999 (as Amended) upon the filing of a preliminary objection by the Appellant.

In ground three, Senator Nwaoboshi said that the learned trial judge erred in law when he granted prayers (3) and (4) in the originating summons in favour of Nwoko and replaced him as winner of the primary election conducted on October 2, 2018.

The ground of appeal listed the aspirants and their scores at the said primary election as follows: Paul Osagie, 216; Senator Peter Nwaoboshi (appellant), 506; Prince Ned Nwoko (First Respondent), 453; adding that the appellant clearly emerged winner with the number of votes polled as against that of the first respondent.

In ground four, the trial judge was said to have erred in law when he invoked section 167(d) of the Evidence Act, 2011 against the respondent in view of its ex-parte order of December 18, 2018, where he ordered INEC to produce the ballot papers used for the primary election of October 2, 2018, for counting without considering the appellant’s motion of  January 24, 2019, seeking to set aside the order as being a nullity.

In ground five, the lawmaker said the trial judge erred in law and exceeded his powers in deciding the suit on the basis of highly contradicted or conflicting evidence.

Senator Nwaoboshi, therefore, sought an order setting aside the judgement of the Federal High Court Abuja delivered on April 3, 2019.

Sourced from a Channels TV report


Source News Express

Posted 05/04/2019 05:17:35 AM





You may also like...
Family rejects coroner’s inquest into Adeleke’s death

FG loses N2.1bn daily as Shell shuts oil...

The Senate and the rejected Gender Equality Bill...

Nigeria a failed state — MASSOB •Says Buhari’s...

Global Fund partners raise SOS on malaria, decry...

Group calls on FG to stop Rivers State...

Abia monarch cries out over impending attack by...

Ekwunife lambasts Gov. Obi’s critics, says he has...

Buhari not dead — Presidency

Illegal Arms Possession: Again, disobedience to court order...

NCC arrests 15 pirates, seizes goods worth N60...

Army nabs 92 armed herdsmen, confiscates weapons


Latest News Past leaders to face trial for economic sabotage — AGF Fatunmbi jailed in U.S for $8.3m healthcare fraud, fined $1m Anambra power tussle claims 3 lives Buhari to wade into Minimum Wage impasse Nigerian serial robber jailed in U.K Ogun: Abiodun, Amosun’s loyalists clash over control of APC Secretariat Woman sells own new born for N.5m in Imo EFCC arrests Kwara TV GM, 3 others over land fraud Germany attack: Ekweremadu gets hero’s welcome in Enugu Court orders FG to renew Shell’s licence Ex-wife, children of prominent U.S surgeon found dead in apparent murder-suicide FG deploys permanent secretaries to new ministries


Most Read NUDE PHOTO OF OMOTOLA JALADE-EKEINDE surfaces online (530,427 views) Nigerian female sex addict opens up, says ‘I like it with both men and women’ (439,127 views) Shameless Genevieve Nnaji exposes breasts in public (384,106 views) Finally named: The full list of friends of Nigerian female sex addict who prowled Facebook (323,262 views) OLUMBA OLUMBA OBU (the one who called himself God) IS DEAD (290,824 views) Igbo scholar disgraces Femi Fani-Kayode •Demolishes claims on Igbo/Yoruba history with facts and figures (251,517 views) Breaking News: POPULAR REVEREND CONVERTS TO ISLAM in Kaduna (Nigeria) (246,393 views) 10 cars more expensive than Jets (233,755 views) OBJ’s son reported dead in Lagos plane crash •Names of more victims emerge (228,356 views) My wasted years in Olumba Olumba Obu’s Evil Brotherhood (214,586 views) Lagos plane crash: Journalist releases victims’ names (193,345 views) THE FINAL DISGRACE: Igbo scholar unleashes more facts about Igbo/Yoruba history, finishes off Femi Fani-Kayode with second article (191,250 views)


CBN milk production

CBN banner advert

UBA Wise Savers Promo


Categories Advertorials (3) African Press Organisation (81) Art & Literature (98) Business & Economy (4,407) Business Verdict (79) Columnists (1,097) Complaints & Requests (95) Enterprise & Opportunities (215) Entertainment (648) Features (796) Global Business Monitor (423) ICT Monitor (58) International (3,858) Interview (198) Live Commentary (30) Love Matters (166) Maggie's Blog (387) News (50,341) Opinion (1,332) Pidgin (17) Politics (11,336) Religion (1,088) Sports (2,135) Stock Watch (39) AMA & Al Jazeera Global Update







APO Group Partner




GOCOP Accredited Member

GOCOP Accredited member



Africa Media Agency and Al Jazeera