Justice Olukayode Ariwoola, in the lead judgment, faulted the Court of Appeal’s finding that the case was statute barred.
The judge said the Court of Appeal was in error to have held that the cause of action was the outcome of the primary election.
Ariwoola held that the course of action, as argued by the appellant, was the submission of Umaru’s name to INEC instead of Musa, who won the primary.
The judge therefore set aside the April 8 decision of the Court of Appeal, Abuja and upheld Umaru as the valid candidate of the party in the National Assembly election.
The apex court further held that the decision of the trial court which declared Musa as validly nominated candidate of the APC remained valid.
Umaru, who contested the poll was earlier declared winner of the election by the Independent National Electoral Commission, INEC.
Meanwhile, Musa, who was dissatisfied with the process that installed Umaru as the candidate of the party, had filed a pre-election suit challenging that act.
Musa urged the Federal High Court, Abuja, to set aside Umaru’s candidacy and uphold him as the valid candidate of the party to the contest the senatorial election.
The trial court on Feb. 7 went ahead to declare Musa, as the valid APC candidate to contest the Feb.23 National Assembly election.