The Court of Appeal, Abuja Division, has cleared the All Progressives Congress, APC, to participate in the general elections starting on Saturday.
The court set aside the judgment of the Federal High Court in Abuja, which affirmed the decision of the Independent National Electoral Commission, INEC, to bar the ruling party from fielding candidates in the 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.
The court ruled that the APC failed to conduct a valid primary within the period scheduled by the electoral body.
However, a 3-man panel of the Appeal Court, led by Justice Abdul Aboki, held that the Federal High Court lacked the jurisdiction to have entertained the suit, adding that it was an abuse of court process.
The judge further stated that the suit at the Federal High Court was filed out of time.
He said that the Electoral Act provides for 14 days to institute a suit after the cause of action had arisen.
The Appeal Court noted that the suit was filed 15 days after, and therefore rendered the action incompetent.
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