- A Federal High Court in Abuja has canceled its earlier judgement on the Anambra central senatorial election
- The judge had earlier affirmed that the PDP candidate occupy the vacant seat
- The new judgement allows INEC to go ahead with the planned election
A Federal High Court in Abuja has set aside the judgement earlier passed that affirmed that Obiora Okonkwo who is the candidate of the Peoples Democratic Party (PDP) was the person to occupy the Anambra Central senatorial seat.
Premium Times reports that this judgement was given on Friday, January 12, after an application by the Independent National Electoral Commission (INEC).
The court set aside its earlier judgement and agreed that the consent of other candidates that necessitated the agreement cannot be considered as final.
Justice John Tsoho said: “It must be realised that the judgement entered in this court is a consent judgement. It is not one on merit, therefore the court has jurisdiction to revisit it. It cannot be regarded as a final judgment.”
The judge held that “the actions of the respondent counsel in the suit, namely the Peoples Democratic Party, which resulted in the December judgement was questionable given the Appeal Court judgement which ordered a re-election without the inclusion of the party.
“It is enough ground to set aside the decision."
This indicates that the electoral body can go on with the planned election in the senatorial district.
NAIJ.com had reported that as its decision, the Court of Appeal on Thursday, January 11, refused to cancel Saturday’s scheduled election for Anambra central senatorial district.
The electoral commission, INEC, had fixed Saturday, January 13, for the election to fill the seat that has been vacated since 2015 as a result of several controversial court cases.
INEC’s decision was a sequel to a 2017 ruling by the Court of Appeal. But after that judgement, the Peoples Democratic Party secured a Federal High Court order that Obiora Okonkwo, an aspirant for the original election in 2015, be declared the winner and sworn in as senator.
The PDP had asked INEC not to proceed with Saturday’s election, but this was opposed by the ruling party in the state, the All Progressives Grand Alliance (APGA).
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