The Court of Appeal, Port Harcourt Division on Monday 30th
September 2019, upheld the Judgment of the Federal High Court, Port Harcourt
Division which affirmed Senator Stella Oduah as the rightful candidate of the
People's Democratic Party in the 23rd February, 2019 election for the senate of
Anambra North.
The Plaintiff, Chimzobam Nnalue in the said Suit No:
FHC/ABJ/CS/106/2019 had claimed that he won the primary election of the PDP and
that it was wrong for the party to submit the name of Senator Oduah to INEC as
Senator Oduah did not win the primaries. The Federal High Court had struck out
the case for lack of jurisdiction on the ground that it was statute barred
having been filed more than 14 days from the date of the event complained of.
The Plaintiff appealed to the Court of Appeal in CA/400/2019
and argued that he did not know that the name of Sen. Stella Oduah was
submitted by PDP to INEC until INEC published names of candidates on 17th
January 2019 and so his 14 days ought to start running from the date of the
said publication.
In agreeing with counsel to Senator Oduah, Tobechukwu Nweke
and counsel to PDP, Emmanuel Enoiden, the Court of Appeal dismissed the appeal
on the ground that the 14 days must run from the event complained of by the
Plaintiff notwithstanding when the plaintiff claimed he became aware. The court
held that the Appellant's cause of action accrued in October, 2018 and the
Appellant waited until 25th January 2019 to institute the case contrary to the
provisions of section 285(9) of the Constitution as altered by the Fourth
Alteration.
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