The Supreme Court, on Friday, declined to nullify the election of Governor Sheriff Oborevwori of Delta State.
The apex court, in a unanimous decision by a five-member panel of justices, dismissed a pre-election case that challenged Oborevwori’s eligibility to contest the governorship poll held on March 18, 2023 in the state.
It held that the appeal, which was filed by a chieftain of the Peoples Democratic Party, PDP, in the state, Chief Ikie Aghwarianovwe, lacked merit.
The apex court, in its lead judgement delivered on Friday by Justice Emmanuel Agim, said it found no reason to set aside the concurrent decisions of the Federal High Court and the Court of Appeal, which had earlier dismissed the case against governor Oborevwori.
It will be recalled that Chief Ikie had gone to court to challenge the nomination of Oborevwori as candidate of the PDP for the gubernatorial election.
He alleged that Oborevwori, who was formerly the Speaker of the Delta State House of Assembly, submitted false documents to the Independent National Electoral Commission, INEC, to aid his qualification.
In his Writ of Summons, marked: FHC/ABJ/CS/1857/2022, the plaintiff, sought governor Oborevwori’s disqualification.
Cited as 1st to 3rd defendants in the matter were; PDP, Oborevwori and INEC.
The plaintiff, among other things, prayed the court to declare that the information, particulars and documents contained in the Form EC9 that Oborevwori swore to on June 30, 2022, which the PDP submitted and it was published by INEC on October 4, 2022, for the Delta state governorship election, contained false information “as they relate to the 2nd defendant’s constitutional requirement for the said office, contrary to Section 29(5)&(6) of the Electoral Act 2022.”
He further sought an order, “disqualifying the 2nd defendant sponsored by the 1st defendant from contesting the election to the office of governor of Delta State in the 2023 general elections.”
As well as, “An order disqualifying the 1st defendant from sponsoring the 2nd defendant or any other candidate for the office of governor of Delta State in the 2023 general election pursuant to Section 29(6)of the Electoral Act, 2022.”
Though the matter was filed in Abuja, it was subsequently transferred to the Asaba Division of the Federal High Court.
In the course of the hearing, both the PDP and governor Oborevwori filed preliminary objections to challenge the competence of the suit.
While denying the allegation that he submitted false documents to INEC, Oborevwori, contended that the suit was statute barred, stressing that documents the plaintiff relied upon to seek his disqualification, pertained to the 2019 general elections.
He argued that documents submitted to INEC in 2018 could not be a basis for the disqualification of a candidate in 2023.
Besides, he challenged the locus standi of the plaintiff to institute the suit which he said did not disclose any reasonable cause of action.
The high court, in its judgement, upheld all the preliminary objections and accordingly dismissed the suit.
Dissatisfied with the decision, the plaintiff took the matter before the Court of Appeal.
In its own judgement that was delivered by Justice Peter Olabisi Ige, the appellate court upheld the verdict of the trial court and resolved all the issues for determination, in favour of governor Oborevwori.
The appellate court went ahead and ordered the appellant to pay a cost of N2million to the PDP and governor Oborevwori.
Still not happy with the judgement of the appellate court, Chief Ikie filed an appeal before the Supreme Court, which he also lost on Friday.
While dismissing the appeal for want of merit, the apex court slammed Delta Gov Poll: Oborevwori wins as Supreme Court dismisses Ikie’s appeal
By Ikechukwu Nnochiri
ABUJA–The Supreme Court, on Friday, declined to nullify the election of Governor Sheriff Oborevwori of Delta State.
The apex court, in a unanimous decision by a five-member panel of justices, dismissed a pre-election case that challenged Oborevwori’s eligibility to contest the governorship poll that held in the state on March 18.
It held that the appeal, which was filed by a chieftain of the Peoples Democratic Party, PDP, in the state, Chief Ikie Aghwarianovwe, lacked merit.
The apex court, in its judgement that was read on Friday by Justice Emmanuel Agim, said it found no reason to set aside the concurrent decisions of the Federal High Court and the Court of Appeal, which had earlier dismissed the case against governor Oborevwori.
It will be recalled that Chief Ikie had gone to court to challenge the nomination of Oborevwori as candidate of the PDP for the gubernatorial election.
He alleged that Oborevwori, who was formerly the Speaker of the Delta State House of Assembly, submitted false documents to the Independent National Electoral Commission, INEC, to aid his qualification.
In his Writ of Summons, marked: FHC/ABJ/CS/1857/2022, the plaintiff, sought governor Oborevwori’s disqualification.
Cited as 1st to 3rd defendants in the matter were; PDP, Oborevwori and INEC.
The plaintiff, among other things, prayed the court to declare that the information, particulars and documents contained in the Form EC9 that Oborevwori swore to on June 30, 2022, which the PDP submitted and it was published by INEC on October 4, 2022, for the Delta state governorship election, contained false information “as they relate to the 2nd defendant’s constitutional requirement for the said office, contrary to Section 29(5)&(6) of the Electoral Act 2022.”
He further sought an order, “disqualifying the 2nd defendant sponsored by the 1st defendant from contesting the election to the office of governor of Delta State in the 2023 general elections.”
As well as, “An order disqualifying the 1st defendant from sponsoring the 2nd defendant or any other candidate for the office of governor of Delta State in the 2023 general election pursuant to Section 29(6)of the Electoral Act, 2022.”
Though the matter was filed in Abuja, it was subsequently transferred to the Asaba Division of the Federal High Court.
In the course of the hearing, both the PDP and governor Oborevwori filed preliminary objections to challenge the competence of the suit.
While denying the allegation that he submitted false documents to INEC, Oborevwori, contended that the suit was statute barred, stressing that documents the plaintiff relied upon to seek his disqualification, pertained to the 2019 general elections.
He argued that documents submitted to INEC in 2018 could not be a basis for the disqualification of a candidate in 2023.
Besides, he challenged the locus standi of the plaintiff to institute the suit which he said did not disclose any reasonable cause of action.
The high court, in its judgement, upheld all the preliminary objections and accordingly dismissed the suit.
Dissatisfied with the decision, the plaintiff took the matter before the Court of Appeal.
In its own judgement that was delivered by Justice Peter Olabisi Ige, the appellate court upheld the verdict of the trial court and resolved all the issues for determination, in favour of governor Oborevwori.
The appellate court went ahead and ordered the appellant to pay a cost of N2million to the PDP and governor Oborevwori.
Still not happy with the judgement of the appellate court, Chief Ikie filed an appeal before the Supreme Court, which he also lost on Friday.
While dismissing the appeal for want of merit, the apex court slammed N6 million fine against the Appellant