Delivering the lead judgment yesterday, Justice John Afolabi Fabiyi set aside the judgment of the Court of Appeal which has earlier sacked Senator Nwogu and affirmed the decision of the High Court which earlier dismissed the suit filed by Mr. Emeka Atuma.
The apex court also ordered Mr. Emeka Atuma to pay N100, 000 cost to Senator Nwogu.
The court held that to find otherwise as done by the Court of Appeal runs contrary to the dictate of the Supreme Court in an earlier decided case.
Both Senator Nkechi and Mr. Atuma, had desired to represent the PDP as candidate for Abia Central Senatorial District.
At the primaries conducted January 8, 2011 Senator Nkechi was returned , having scored majority votes while Mr. Atuma came second.
Dissatisfied with the result, Mr. Atuma, approached the high court challenging the validity of the result, saying Senator Nkechi was ineligible to aspire to be sponsored by the PDP to contest the April 9 general election.
According to Mr. Atuma, Senator Nkechi lied on oath when she filled in her nomination form that she is from Abia Central Senatorial District.
Mr Atuma told the court that contrary to what the Senator claimed in her form, she originally hails from Osisioma-Ngwa Local Government, an area he said falls under Abia South Senatorial District.
Having lost the case at the High court, Mr. Emeka Atuma appealed to the Court of Appeal and won.
Dissatisfied, Senator Nkechi Nwaogu appealed to the Supreme Court which upheld the decision of the High court and set aside the Court of Appeal decision.
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Abia Central: S/Court upholds Senator Nwaogu election
Delivering the lead judgment yesterday, Justice John Afolabi Fabiyi set aside the judgment of the Court of Appeal which has earlier sacked Senator Nwogu and…