Speaker of the Delta State house of assembly, Mr. Sheriff Oborevwori, who was declared as winner of the May 25, 2022 governorship primary election for the 2023 has appealed his disqualification by the Federal High Court, Abuja.
Recall that Justice Taiwo Taiwo of the Abuja Division of the Federal High Court had on Wednesday ordered the Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP) to recognise Mr. Olorogun Edevbie as candidate of the PDP in the 2023 governorship election in Delta State.
The judge subsequently disqualified Oborevwori, saying he lacked the legal competence to have participated in the election.
The verdict followed a suit that Edevbie brought before the court.
Defendants in the suit marked FHC/ABJ/CS/795/2022 were Oborevwori, PDP and INEC as 1st, 2nd and 3rd respondents respectively.
Oborevwori had used the names Oborevwori Sheriff Francis Orohwedor interchangeably in his certificates submitted to INEC.
Among the reliefs sought by the litigant were the declaration that “having supplied false information and submitted dubious or forged credentials/certificates in order to participate in and be declared the winner of the 2nd defendant’s Delta State governorship primary elections, which held on 25th May, 2022, the 2nd Defendant herein is legally precluded from submitting, forwarding or otherwise transmitting the name of the 1st Defendant to the 3rd defendant as the candidate or flag bearer of the 2nd defendant in the forthcoming governorship elections in Delta State, now scheduled to hold on March 11, 2023 by the 3rd defendant.
Taiwo in his judgement agreed with the plaintiff that Oborevwori, ought not to have been on the 2023 governorship election for the PDP on account of allegedly supplying false and forged documents to INEC in aid of his qualification for the governorship election.
Consequently, he directed INEC and the PDP to recognise the plaintiff as candidate of the PDP in the 2023 governorship election in the state.
While Oborevwori was backed by the incumbent governor, Dr Ifeanyi Okowa, Edevbie was the preferred candidate of the former governor, Mr. James Ibri
Not satisfied with the verdict, Oborevwori filed an appeal through his lawyer, Mr. Joe Agi.
In a nine-ground notice of appeal, he prayed the Court of Appeal to set aside the judgment of the Federal High Court, Abuja.
As part of the appeal, the appellant said the judge “misdirected himself in law when he assumed jurisdiction to entertain the claim of the plaintiff predicated on Section 29(5) of the Electoral Act, 2022 before the submission of the name of the appellant (Oborevwori) to INEC by the PDP”.
He also contended that the lower court erred in law when it agreed that his certificates are forged.
“The learned trial judge erred in law when he held that the appellant did not challenge the averment that his certificate is forged and that he is deemed to admit same,” he said.
He further averred that the plaintiff failed to adduce credible evidence to establish the allegation of forgery.
The appellant disagreed with the trial judge, who he said, ignored the judgment of the Supreme Court in the case of Modibbo Vs Usman (2020) 3 NWLR (PT. 1712) 470, in which the apex court held that Section 29(5) of the Electoral Act, 2022 which is the same with Section 31(5) of the Electoral Act, 2010 has settled the law that cause of action only arises when the name of a candidate is submitted and published by INEC.
The speaker also contended that it is the law that information about a candidate’s qualification could only be challenged after the political party sponsoring the candidate submits the name and INEC publishes the name and the accompanying affidavit.
The appellant therefore prayed the court for “an order allowing this appeal and setting aside the trial Court’s decision in Suit No. FHC/ABJ/CS/795/2022 delivered on 7th July 2022”, and “any other order(s) as this honourable court may deem fit to make in the circumstances”.
Oborevwori also filed an application before the lower court praying for a stay in the execution of the judgment pending the determination of the appeal.
In the affidavit supporting the application, Ezra Maikama, who is also from the law firm of Joe Agi, submitted that if the execution is not stayed, it would render his client’s suit at the court of appeal useless.
He also clarified that the judge did not declare Edevbie as candidate of the PDP, adding that “if defendant/applicant’s (Oborevwori’s) appeal succeeds, the implication will be that the PDP will not have a governorship candidate in the 2023 election as the time to submit same would have lapsed.
