The Court of Appeal sitting in Abuja on Thursday abolished the judgment by a Federal High Court, also in Abuja, that affirmed the decision of the Independent National Electoral Commission (INEC) to exclude candidates of the All Progressives Congress (APC) in Zamfara State from participating in the 2019 general elections.
The three-man panel led by Justice Abdul Aboki ruled that the decision of the High Court was an “aberration “
He further explained that the trial was an abuse of court process because the lower court lacked the jurisdiction to entertain the suit.
The court’s decision agreed with the arguments from lawyers representing the APC, stating that the motion brought before the federal high court was filed outside the allowed time.
The Appeal Court ruled that the filing of the matter, after 14 days at the lower court, made it impossible for the lower court to have jurisdiction on the matter.
“The suit is hereby struck out for lack of want of jurisdiction on the part of the lower court. The judgement of the lower court is hereby set aside,” the court ruled on Thursday.
The Federal High Court presided over by Justice Ijeoma Ojukwu had on January 25 ruled that INEC was right to have delisted names of candidates of APC presented for the elections, stating that the APC failed to conduct a valid primary within the period scheduled by the electoral body.