An appeal court sitting in Abuja has sacked Ned Nwoko as the senator representing Delta-north in Delta, southeast Nigeria.
Africa News24 (AN24) recalls that Nwoko was pronounced senator after an Abuja high court sacked Peter Nwaoboshi, a serving senator, as the candidate of the Peoples Democratic Party (PDP) in the October 2 primary election that held in Delta.
Nwoko had filed a suit challenging the election of Nwaoboshi who won the primary and went ahead to clinch the senatorial seat.
The high court held that Nwaoboshi was not the duly elected candidate of the PDP in the primary election and directed the Independent National Electoral Commission (INEC) to publish the name of Nwoko as PDP candidate.
INEC subsequently withdrew the certificate of return given Nwaoboshi and gave same to Nwoko, a 59-year-old politician.
Unsatisfied with the ruling, Nwaobishi appealed the judgment before a court of higher jurisdiction.
Ruling on the case on Thursday, May 30, the appellate court held that the initial case filed by Nwoko before the high court is statute barred as it exceeded 14 days from the time of the incidence that birthed the suit.
The court added that the lower court lacked jurisdiction to entertain the matter in the first place.
“As at the time the matter was instituted at the Federal High Court, the case was statute barred. We set aside the decision of the Federal High Court and strike out the case,” the court ruled.