A Federal High Court sitting in Abuja on Wednesday, sacked Sen. Peter Nwaoboshi, the senator-elect for Delta North Senatorial District.
Justice Ahmed Mohammed gave the order while delivering judgment, in a suit filed by Mr. Ned Nwoko, challenging the election of Nwaoboshi as the candidate of the Peoples Democratic Party in the Oct. 2, 2018 primaries of the party held in Delta.
The court held that Nwaoboshi, a serving senator, was not the duly elected candidate of the PDP in the primary election.
Justice Mohammed ordered the Independent National Electoral Commission (INEC) to publish the name of Nwoko as PDP candidate, having established before the court that he scored the highest number of votes in the said primary election.
The court also barred Nwaoboshi from parading himself as the candidate of the PDP for the senatorial zone.
Nwoko through his counsel, Mr. Ahmed Raji, SAN, had dragged INEC, the PDP, and Nwaoboshi to court, praying for an order to prohibit the electoral body from publishing the name of Nwaoboshi as the candidate for Delta North Senatorial District.
He also asked for a separate order compelling PDP to forward his name to INEC as the authentic candidate of the PDP for the senatorial area.
In his suit predicated on seven grounds, 20 paragraphs affidavit evidence and five exhibits, Nwoko claimed that he was screened and cleared to contest the primary election by the PDP electoral committee.
He further claimed that at the end of the election, he scored 453 votes to beat Nwaoboshi to the second position who scored 405 votes, while another contestant, Paul Osaji came third with 216 votes.
Nwoko told the court that he was surprised that the PDP jettisoned the result of the primary election and forwarded the name of Nwaobosi to INEC as its candidate for the senatorial district.
Justice Mohammed after reviewing the claims and counterclaims of the parties, held that the case of the plaintiff was not statute barred and did not also amount to forum shopping as alleged by the defendants.
The judge held that Nwoko was entitled to his claims and prayers having established that he emerged victorious in the PDP Delta North Senatorial primary election of Oct. 2, 2018.
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