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The Supreme Court on Friday affirmed the Speaker of the Delta State House of Assembly, Chief Sheriff Oborevwori as the bonafide candidate of the People’s Democratic Party (PDP) for the 2023 governorship election in Delta State.
TheNewsGuru.com (TNG) reports that Justice Tijjani Abubakar delivered the lead judgement that squashed the case brought by Olorogun David Edevbie before the five-man panel of the Supreme Court led by Justice Amina Augie.
In the lead judgement, Justice Abubakar ruled that the apex court saw no reason to set-aside the Court of Appeal’s verdict that upheld Chief Oborevwori as the duly nomination candidate of the PDP for the 2023 governorship election in Delta.
Edevbie had urged the Supreme Court to uphold the judgment of the Federal High Court which declared him the PDP candidate while Sheriff Orohwedor on his part pleaded with the Apex Court to endorse the Court of Appeal which voided the decision of the high court.
Edevbie, on 23 grounds of appeal, faulted the entire unanimous decision of the three-man panel of the Court of Appeal led by Justice Peter Ige and asked the apex court to hold that he is the rightful candidate of the PDP in the Delta State governorship election slated for February 2023.
The appeal filed by his lawyer, Mr Eko Ejembi Eko has Oborevwori, the PDP and the Independent National Electoral Commission (INEC) as 1st, 2nd and 3rd respondents, respectively.
Recall that the Court of Appeal, Abuja Division had restored the Speaker of Delta State House of Assembly as the governorship candidate of the PDP in the 2023 governorship election in the state.
The judgment of the Court voided and set aside the judgment of the Federal High Court which had, on July 7, 2022, nullified his nomination on grounds of certificate forgery and perjury.
Justice Ige, who delivered the judgment of the Appellate court, held that claims against the Speaker were criminal in nature and must be proved beyond reasonable doubts.
The Appellate Court also held that Edevbie, who filed the suit at the Federal High Court, ought to have approached the court via Writ of Summons to enable resolution of disputes and not by originating summons where only affidavit evidence is required.
Justice Ige said, the allegations of certificate forgery and faking of documents against the Speaker were such that required witnesses from those who issued the certificates and the alleged fake documents.
The court, therefore, upheld the victory of the Speaker at the May 25, 2022 primary election where he polled 590 votes to defeat Edevbie who polled only 113 votes to come second.
Justice Ige held that Justice Taiwo Taiwo’s judgment, which upheld certificate forgery against the Speaker, was a miscarriage of justice because the criminal allegations were not established as required by law.
On Friday, the Supreme Court, in a unanimous decision by the five-man panel led by Justice Augie dismissed the appeal that was lodged against Oborevwori by Edevbie, putting the case to rest finally. The apex court held that allegations the Appellant raised before it was rooted in criminality and therefore ought to be proved beyond reasonable doubt.
It noted that in view of “sundry allegations of fraud, false representation and forgery of documents” raised against Oborevwori, the Appellant, ought to have commenced his action through a Writ of Summons that would have allowed the trial court to adjudge the matter through oral and documentary evidence.
It held that Edevbie allegations against Oborevwori could not be resolved through affidavit evidence or Originating Summons.
More so, the apex court, held that Edevbie’s case was premature as PDP had not submitted Oborevwori’s name to the Independent National Electoral Commission, INEC, before he filed the suit.
“Only upon the submission of particulars of a candidate to INEC by a political party will a cause of action crystallize”.
“In conclusion, I found no merit in this appeal and it is accordingly dismissed”, Justice Abubakar held.