A Federal High Court in Abuja has refused to hear an application to stay execution of the order which sacked Senator Peter Nwaoboshi as senator-elect for Delta North Senatorial District.
Justice Ahmed Mohammed on Wednesday ordered the transfer of the matter to the Court of Appeal in Abuja for hearing.
Counsel to Nwaoboshi, Selekowei Larry (SAN) had brought the application for stay of execution of the order of court, which declared Ned Nwoko Senator-elect for the election.
The Peoples Democratic Party (PDP) through the Legal Adviser, Emmanuel Enoidem also filed a motion for injunction against the order of the court and the notice of appeal and transmitted records of proceedings to the Court of Appeal.
Onyeka Nwokolo, who appeared for Nwoko did not object to the notices filed by the lawyers and informed the court that, “notices of appeal have been entered and we have been served.”
Justice Mohammed in his ruling said the court can no longer entertain the matter based on the notice of appeal filed before the Court of Appeal.
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