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The Court of Appeal has upturned the judgment of the High Court that quashed the victory of the candidate of the All Progressives Congress, APC, in the Ibaji state constituency re-run election in Kogi State.
The lower court in its judgment also urged the Independent National Electoral Commission, INEC, to issue the PDP candidate, Joseph Enemola, certificate of return and for the House to swear-him in immediately.
Recall that the Federal High Court in a judgment delivered in January, invalidated the primary election conducted by the APC for the nomination of its candidate for the Ibaji State Constituency of Kogi State by-election.
The High Court ordered that the PDP candidate, Joseph Elemona, who scored the second-highest number of votes, be declared winner of the election.
The electoral commission immediately complied and issued the Certificate of Return to the PDP candidate in the election, despite the pendency of the appeals lodged by the APC candidate challenging the judgment of the Federal High Court.
However, the Court of Appeal in a considered judgment delivered yesterday, set aside the judgment of the lower court upon which the Certificate of Return issued to the PDP Candidate in the by-election was predicated.
The appellant court also ordered INEC to withdraw the Certificate of Return issued to the PDP Candidate and re-issue a new Certificate of Return to the APC candidate.
According to the Appeal Court, the lower court erred in his judgment and it cannot stand.