The Court of Appeal, Abuja Division Thursday night, upturned the decision of a lower court which barred the All Progressives Congress (APC), from fielding candidates in the forthcoming general elections in Zamfara state.
Justice Abdu Aboki who led a panel of three justices held that the trial judge presided by Justice Ijeoma Ojukwu of the Federal High Court in the suit marked FHC/ABJ/CS/12791/2018 lacked the requisite jurisdiction to entertain the suit in the first place since it was not filed within the 14 days allowed by law.
The lower court presided by Justice Ijeoma Ojukwu had on January 25 ruled that INEC was right to have excluded the APC from the elections. The court said the primaries that produced the candidates was flawed.
However, in a ruling on Friday, a three-member panel described the lower court ruling as an “aberration”.
The appeal agreed with lawyers representing the APC who argued that the motion brought before the lower court was filed outside of the allowed time