Concise News learned that the appellate court on Thursday said it took the decision because the case instituted at the Federal High Court, Abuja, ought to have been filed before the expiration of 14 days from the time of the incidence that birthed the suit.
The case resulted in the recognition of Nwoko as the winner of the February 23 National Assembly election as Nigeria’s electoral body, Independent National Electoral Commission (INEC), withdrew the certificate of return it had issued to Nwoko’s challenger, Senator Peter Nwaoboshi.
According to the Court of Appeal, based on the failure of the applicant at the lower court to file the case before the expiration of 14 days, the case had become statute barred.
As a result, 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 three-man panel, led by Justice Mohammed Idris, ruled.
More to come…