The Federal Excessive Court docket sitting in Asaba, Delta State has dismissed a go well with difficult the nomination of Senator Peter Nwaoboshi because the candidate of the Peoples Democratic Occasion (PDP) for Delta North senatorial district within the March 23 Nationwide Meeting elections.
In go well with quantity 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.
However delivering judgement on Wednesday, Justice Nnamdi Dimgba summarily dismissed the go well with for being statute-barred and missing in advantage.
Dismissing all the costs in opposition to the incumbent senator, Justice Dimgba held that there was no proof to help the plaintiff’s claims.
The court docket held that the plaintiffs lacked the locus standi to institute the case, because it didn’t participate within the PDP major election the place Nwaoboshi was nominated.
Apart from, Justice Dimgba held that the go well with was filed out of time, because it was not instituted throughout the 14 days after the first election as stipulated by legislation, thereby declaring it statute barred.
On the grounds that the federal lawmaker was a member of a secret cult, the court docket mentioned the plaintiffs usurped the powers of the Nigerian Police Pressure because it lacked the ability to analyze and prosecute the senator concurrently.
Justice Dimgba additionally identified that the plaintiff couldn’t reprobate and approbate on the identical time, and held that there was no proof to help such declare of being a member of secret cult.