Hearing continued Wednesday in Abuja in an appeal court case filed by Senator Peter Nwaoboshi over the nullification of his emergence as Delta north PDP senatorial candidate in the October 2, 2018 party primary election.
In his submission, counsel to Nwaoboshi, Tony Idigbe ( SAN ) urged the court to set aside the April 3, 2019 Federal High Court judgement against Nwaoboshi, as the suit which the lower court relied on was filed out of time and therefore statute – barred.
But in a counter submission, counsel to Ned Nwoko, Ahmed Raji, (SAN) asked the court to dismiss the appeal as it was defective, null and frivolous.
Raji, who cited several legal authorities and landmark records, said Nwaoboshi’s counsel relied on issues unknown to law and outside the High Court judgement.
He noted that the extraneous grounds relied on in the submission by counsel to Nwaoboshi were not tenable, adding that the issues raised were taken before an FCT High Court and not a Federal High Court.
The learned counsel, who spoke with ornate brilliance amidst pin – drop silence and admiration, said Nwoko’s case was not statute – barred because time limit concerning the matter was legally predicated on three grounds – PDP primary election, the decision of the party and INEC’s action of name publication.
He told the Appeal Court that the Crux of Nwoko’s case was rooted in the wrongful action of INEC to have published Nwaoboshi”s name based on the incongruous decision of the PDP as a result of a primary election freely won by Ned Nwoko.
Raji said the Action of wrong publication of Nwaoboshi’s name by INEC instead of presentation of Nwoko ‘s name was the issue for determination and cannot be statute barred as the relief filed by Nwoko was far ahead of constitutionally required time limit .
In conclusion Nwoko’s counsel expressly urged the court to dismiss Nwaoboshi’s appeal for lack of merit and uphold the judgement of the Federal High Court in favour of Ned Nwoko.
Expectedly the Court hall, which is meant to accommodate 70 people, was filled to capacity.
A team of Ned Nwoko’s aides and supporters led by his campaign DG. Honourable Leo Esegbue was on hand to witness the proceedings.
Also in court were the director, contact & mobilization, Dr. Mike Nwoko , director media and strategic communication, Comrade Norbert chiazor, Dr Chris Okobah, Personal Assistants to Nwoko, Mohammed Bolgo and Godwin Osemene, among others.
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