BEVERLY HILLS, February 21, (THEWILL) – The Court of Appeal, Abuja Division late Thursday night upturned the decision of the Federal High Court Abuja, which stopped the candidates of the All Progressives Congress (APC) in Zamfara State from participating in tomorrow’s (Saturday) election.
Justice Abdul Aboki who led a 3-man Panel of Justices of the appellate court held that Justice Ijeoma Ojukwu of lower court lacked the jurisdiction to entertain the suit in the first place since the case was filed outside the 14 days required by law.
Justice Ojukwu in her Judgment delivered on January 25 had 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 the state did not conduct a primary election for the selection of candidates for various elective positions in the general election.
But the appellate court described the ruling as an abuse of court process.
According to Justice Aboki, for the fact that the suit at the Federal High Court was filed 15 days after the cause of action had arisen rendered it incompetent.