An Abuja Division of the Federal High Court has set aside its December 12 judgement affirming a Peoples Democratic Party candidate, Obiora Okonkwo, as the authentic candidate to occupy the Anambra Central Senatorial seat.
In a judgement on Friday, following an application by the Independent National Electoral Commission, INEC, the court said its previous judgement which was based on the consent of parties cannot be viewed as a final judgement on the matter.
According to the judge, John Tsoho, the judgement which was strongly relied upon by Mr. Okonkwo’s lawyer cannot be regarded as a final judgment on the matter.
“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”.
Mr. Tsoho 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,” Mr. Tsoho said.
Friday’s ruling means there is no legal stumbling block barring INEC from conducting Saturday’s election for the senatorial district.
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