The Court of Appeal sitting in Abuja has thrown out an appeal by a former Minister of State for Education, Chukwuemeka Nwajiuba, challenging the candidacy of the presidential flag bearer of the All Progressives Congress, Bola Tinubu.
Delivering judgement on Friday, the appeal court three-member panel held that Nwajiuba’s appeal was without merit.
They backed the Federal High Court which “rightly held that it lacked jurisdiction to entertain the suit as the suit was filed outside the statutorily mandated and allowed period of 14 days.”
They further affirmed the judgment of the Federal High Court and awarded a cost of N3 million against him.
The amount is to be paid at N1million to each of the three respondents – Tinubu, APC and the Independent National Electoral Commission.
In the judgment, the Court of Appeal dismissed the appeal and affirmed the decision of the trial court.
The appellate court declared that, “appeals are by way of rehearing and the lower court having been robbed of jurisdiction, the court of Appeal lacks the jurisdiction to adjudicate.
“Cost of one million naira is awarded against the appellant in favor of the respondents each.
“The appeal is lacking in merit and is hereby dismissed.”
