Court of Appeal, Abuja division, has laid aside the decision of the Federal High Court, Abuja which barred the All Progressive Congress in Zamfara from fielding candidate in upcoming elections in the state.
A 3 man panel of the appellate court, led by Justice Abdul Aboki, held that the trial court lacked the jurisdiction to have entertained the suit, that it was an abuse of court process.
He stressed that the suit at the federal high court was filed out of time, that the electoral act provides for 14 days to institute a suit after the cause of action had arisen, the suit was filed 15 days after, and therefore rendered the action incompetent.
Justice Ojukwu in a Judgment delivered on January 25, affirmed the decision of the Independent National Electoral Commission (INEC) to exclude APC’s candidates in Zamfara State from the general election on the grounds that the party in Zamfara State failed to conduct primary election for the selection of its candidates for various elective positions in the general election.
In the suit marked FHC/ABJ/CS/12791/2018, Justice Ojukwu, held that INEC acted within its powers by refusing to accept the list of APC candidates for the 2019 general elections.
But the appellate court however in its Judgment Thursday set aside the Judgment Justice Ojukwu, describing it as an abuse of court process.
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