The coast is now clear for the Independent National Electoral Commission (INEC) to proceed with conducting Saturday's rerun for the disputed Anambra Central senatorial seat as an Abuja Division of the Federal High Court has set aside its December 12 judgement affirming Peoples Democratic Party (PDP) candidate, Obiora Okonkwo, as the rightful candidate to occupy the Anambra Central senatorial seat.
"It is enough ground to set aside the decision", Mr. Tsoho said.
Delivering ruling in an application for variation of the judgment filed by the Independent National Electoral Commission (INEC) to enable it to conduct the Anambra central senatorial district re-run election of January 13th.
INEC had in a motion filed on December 21 asked the court to set aside the judgment which it said was in contrast with three subsisting decisions of the Court of Appeal.
INEC had approached the court, asking it to set aside its consent judgment, so as to enable it conduct the re-run election in the said district, as ordered by the Appeal Court.
According to Tsoho, in the doctrine of precedence, Court of Appeal decisions takes precedence over decisions of any lower court.
He noted that since his party, the PDP was a party to the suits; it implied that he, (Okonkwo) was also a party.
"My party, the APC and INEC are in the Court of Appeal Abuja over this obnoxious & illegal action of INEC with hearing on the matter fixed for 23rd of January which is still within the armbit of 90days ordered by court, only for the INEC to fix an "election" for 13th in order to give an unfair advantage to the APGA candidate to go "unopposed".
Ruling on Friday, Justice Tsoho reversed its earlier judgment and held that Okonkwo misled the court.
"The judgment is not one based on merit, therefore, this court has jurisdiction to revisit it".
He had then also ordered the Senate President, Bukola Saraki to "forthwith" swear in Okonkwo, and whereby the Certificate of Return had earlier been issued to anyone, such should be withdrawn and issued to Okonkwo.
The appellate court in its judgment of November 20, 2017 however excluded the PDP and its candidate from participating in the rerun.
Tsoho held that the Federal High Court being a lower court was bound by the decisions of the appellate court.
He consequently adjourned the case indefinitely pending the outcome of the appeal filed by PDP at the Supreme Court.
Okonkwo in a press statement made available to newsmen in Abuja, argued that his suit was a pre-election matter and as such took preeminence over the post-election matter nullified by the Court of Appeal.