The Port Harcourt division of Appeal Court on Saturday ruled on the petition filed by Senator Heineken Lokpobiri, challenging the APC governorship primary election in Bayelsa.
The appellate court ruled that the petition was filed out of time, hence struck out the case.
Reading the judgment, Justice Isaiah Olefemi said that Lokpobiri failed to comply with the statutory 14 days period, saying that he ought to have filed the case not later than September 17th 2019.
The matter was filed on September 18, outside the 14 days statutory period. The petition was not filed within time, he said.
It will be recalled that Lokpobiri, a former Minister of State for Agriculture, had approached the Federal High Court, to challenge the emergence of Chief David Lyon as the Governorship candidate of APC in Bayelsa.
He had prayed the court to declare him the candidate of the APC, saying that he and not Lyon, won the partys Governorship primary election in the State.
The lower court had earlier ruled outside its prayers, declaring that APC had no candidate for the election.
The Appeal Court, however, held that although Lokpobiri had the right to contest the outcome of the partys governorship primaries, he only did so outside the stipulated time.
The court further held that the parties were right to challenge the lower courts decision which said that APC had no candidate for the November 16, 2019 governorship election in Bayelsa.
The court went ahead to set aside the judgement of the federal High Court describing it as having erred in law.