The Abuja division of the court of appeal has set aside the decision of the Federal High Court that upheld the decision of the Independent National Electoral Commission to expunge candidates of the All Progressives Congress in Zamfara State from the 2019 elections.
A judgement delivered by Justice Ijeoma Ojukwu of Abuja federal high court held that INEC was right to have delisted names of candidates APC presented for the elections, stating that the APC failed to conduct a valid primary within the period scheduled by the electoral body.
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.
