Justice Ahmed Mohammed, yesterday, restrained Senator Peter Nwaoboshi from parading himself as candidate of the PDP in the senatorial election of February 23.
Justice Mohammed held that Nwoko won the October 2, 2018 primary of the party in the state and ordered the INEC to publish his name as the candidate of the party for the 2019 National Assembly election.
“This court in an attempt to ensure justice is done to all the parties in this case on the 18th of December, 2018 ordered the production of the ballot papers used in the conduct of that election in issue pursuant to the ex parte application of the plaintiff. However, did the second defendant (PDP) comply with that order? No, it did not,” he said.
“In the circumstance, this court is left with no option than to incur the provision of Section167 Paragraph D of the Evidence Act and hold that if the second defendant had produced the said ballot papers, they would have shown that the plaintiff was the winner of the primary election.”
Nwoko had through his counsel, Ahmed Raji (SAN), earlier filed an action before an FCT High Court challenging PDP’s non-submission of his name to the INEC after he polled 453 votes as against 405 and 216 by Senator Nwaoboshi and Paul Osaji, respectively, during the primary in Asaba.
He discontinued the previous case at the FCT High Court and filed a fresh suit before a Federal High Court in Abuja challenging the recognition of Nwaoboshi as PDP candidate.
The court on December 18, 2018 made an order compelling PDP to produce the ballot papers used for the primary.
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