The Court of Appeal, Abuja division, has set aside the judgment of the Federal High Court in Abuja, which affirmed the decision of the Independent National Electoral Commission (INEC) which barred the All Progressives Congress (APC) from fielding candidates in the general elections in Zamfara State.
Justice Ijeoma Ojukwu of the federal high court, Abuja, had in a judgment delivered on 25th January 2019, 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.
