The Federal High Court, Uyo, on Friday struck out the application for stay of execution filed by Bassey Akpan of the Peoples Democratic Party, PDP, representing Akwa Ibom North.
Mr. Akpan filed the suit for the court to stay execution of its February 27 judgment, which was in favour of Bassey Etim, also of the PDP.
The judge, Fatun Riman, said that since there was an appeal on his judgment of February 27, his court has no jurisdiction to entertain the same matter.
The judge, therefore, struck out the case and awarded N50,000 cost in favour of Mr. Etim, the defendant.
The court in the February 27 judgment had ordered the Independent National Electoral Commission, INEC, to immediately issue certificate of return to Mr. Etim.
The court faulted the primary that produced Mr. Akpan as the flag bearer of the PDP.
Speaking to journalists after the judgment, counsel to the defendant, Taiwo Abe, described the judgment as excellent.
He said that the application was brought by the appellant, PDP and Mr. Akpan.