The Court of Appeal on Monday reinstated the Speaker of the Delta State House of Assembly, Chief Sherrif Oborevwori as the lawful governorship candidate of the People’s Democratic Party (PDP) in the State.
TheNewsGuru.com (TNG) reports that the appellate court in a unanimous judgment by a three-man panel led by Justice Peter Olabisi Ige vacated the judgment of the Federal High Court in Abuja that disqualified Oborevwori.
The High Court judgment had directed the Independent National Electoral Commission (INEC) to recognize Olorogun David Edevbie as the rightful candidate of the PDP for the governorship election in Delta slated for March 11, 2023.
However, the Appeal Court held that the High Court wrongly relied on originating summons Edevbie brought before it to disqualify Oborevwori on the premise that he tendered forged certificates to INEC.
Delivering the judgement, Justice Ige noted that the allegations Edevbie raised against Oborevwori “were deeply rooted and founded in criminality”. He stressed that in view of the contentious nature of the allegations, they ought to have been proved beyond a reasonable doubt at the trial court.
According to the appellate court, trial Judge, Taiwo Taiwo of the lower court erred when he granted all the reliefs Edevbie sought in his suit, without recourse to evidence of witnesses that would have included institutions that awarded certificates to Oborevwori.
“Facts were irreconcilably in conflict and could not have been resolved without oral evidence”, the appellate court held, adding that the burden of proof in the matter was on the 1st Respondent, Edevbie.
“There is no scintilla of evidence on record to prove that the Appellant tendered forged certificate to the INEC”, the appellate court added.
It further held that Edevbie’s legal action was premature as Oborevwori’s name had not been submitted to INEC by the PDP as at the time it was filed.
The appellate court held that preconditions stipulated in sections 177 and 182 (j)of the 1999 Constitution, as amended, as well as section 29(5) of the Electoral Act, must be met before the right of any aggrieved aspirant to approach the court to challenge the validity of particulars submitted to INEC by any candidate, could crystallize.
It held that the 1st Respondent did not in the entire spectrum of his suit, pinpoint how the PDP breached either the Electoral Act or the 1999 Constitution, as amended, in the governorship primary election it conducted on May 25.
More so, the court held that in the event that the case of the 1st Respondent succeeded, he would not be the beneficiary of the judgement as his political party, PDP, would have been disqualified.
“The decision of the lower court was perverse and it is accordingly set aside. The appellant’s appeal is hereby allowed,” the court held.
Reacting to the Appeal Court judgement in a Press Statement by his Chief Press Secretary, Mr Dennis Otu, the Speaker who is also the National Deputy Chairman of the Conference of Speakers of State Legislatures of Nigeria, said he has always had confidence in the Nigerian Judicial system.
“I have implicit confidence in our judicial system as it remains the last hope of the common man and I am so glad with the judgement of today. I commend the Judiciary for this judgement. To God be the glory,” he said.
The Speaker who polled 590 votes to pick up the Delta State PDP governorship ticket at the Wednesday, May 25th, 2022 gubernatorial primaries held in the Stephen Keshi Stadium, Asaba also said that; “Today, the Appeal Court, Abuja has given judgement in my favour.
“This victory at the Appeal Court today is dedicated to our Almighty God and to all Deltans. This is our victory and it is for all of us because we are one family. Therefore, let us put the past behind us now and join forces together towards winning the main general elections for PDP in 2023”.