The Federal High Court sitting in Asaba, Delta State has dismissed a suit challenging the nomination of Senator Peter Nwaoboshi as the candidate of the Peoples Democratic Party (PDP) for Delta North senatorial district in the March 23 National Assembly elections.
In suit number FHC/ASB/CS/11/2019, the Integrity Group, a civil society organisation, sought the disqualification of Nwaoboshi from contesting the elections on the grounds that he was allegedly a cultist and that he was not duly nominated by the PDP.
But delivering judgement on Wednesday, Justice Nnamdi Dimgba summarily dismissed the suit for being statute-barred and lacking in merit.
Dismissing all the charges against the incumbent senator, Justice Dimgba held that there was no evidence to support the plaintiff’s claims.
The court held that the plaintiffs lacked the locus standi to institute the case, as it did not take part in the PDP primary election where Nwaoboshi was nominated.
Besides, Justice Dimgba held that the suit was filed out of time, as it was not instituted within the 14 days after the primary election as stipulated by law, thereby declaring it statute barred.
On the grounds that the federal lawmaker was a member of a secret cult, the court said the plaintiffs usurped the powers of the Nigerian Police Force as it lacked the power to investigate and prosecute the senator simultaneously.
Justice Dimgba also pointed out that the plaintiff could not reprobate and approbate at the same time, and held that there was no evidence to support such claim of being a member of secret cult.
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