By Deborah Onyofufeke
The Peoples Democratic Party (PDP) governorship candidate, Sherrif Oborevwori, who was disqualified from contesting the 2023 governorship election in the state by the Federal High Court Abuja, has filed an appeal before the court of Appeal in Abuja, to set aside the judgement.
The Delta State House of Assembly, speaker in a nine ground appeal filed before the appellate court sitting in Abuja on Friday, maintained that Justice Taiwo Taiwo who ordered the Independent National Electoral Commission, INEC, not to recognize him as the gubernatorial flag-bearer of the PDP in the state, wrongly assumed jurisdiction
He added that the Judge entertained the case instituted against him by an aggrieved aspirant, Mr. Olorogun Edevbie.
He also said Justice Taiwo misdirected himself in law and occasioned grave miscarriage of justice against him, when he heard Edevbie’s suit that was predicated on Section 29(5) of the Electoral Act, 2022, before his name was submitted to INEC.
The Appellant argued that the trial judge ignored extant decision of the Supreme Court in the case of Modibbo Vs Usman (2020) 3 NWLR (PT. 1712) 470, in which he claimed 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 trial Judge side tracked the decision of the Supreme Court and Court of Appeal contrary to the established doctrine of stare decisis and by his decision overruling the Supreme Court and the Court of Appeal.
“The 1st Respondent (Edevbie) on oath admitted that the name of the appellant was yet to be submitted and the trial court held that the first respondent by law, need not wait for the publication of the name of the Appellant by INEC,” he added.
Oborevwori, held 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 same and the accompanying affidavit.
He told the appellate court that trial Justice Taiwo further misdirected himself in law when be agreed with Edevbie that he (Appellant) failed to meet the constitutional requirement of sections 177(a) and 182(1) (J) of the 1999 Constitution, as amended and that his certificates were forged.
He argued that the constitutional requirement of Sections 177(a)and 182(1)(J) of the 1999 Constitution, as amended, could only occur upon presentation of forged certificate to INEC and no other body or person, which he said did not occur in his case.
“The reliance on the documents of the Appellant presented in the year 2018 to INEC for the election to the House of Assembly of Delta State or submission of documents to the PDP on April 30, 2022 as held by the court makes mockery of the law as any of those acts took place way after 14 days of the filing of the suit contrary to Section 285(14) of the 1999 Constitution, and is statute barred”, the Appellant added.
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He said the trial judge erred when he concluded that he (Oborevwori) did not challenge the allegation that his certificate was forged and that in the absence of a denial, he was deemed to have admitted same.
According to the Appellant, “The burden of proving declaratory reliefs is on the plaintiff and not on the weakness of the case of the defendant. Even where the defendant admits, the burden still lies on the plaintiff to prove same”.
More so, he contended that the trial judge also erred in law when he held that Edevbie proved his case and therefore is entitled to a favorable judgement.
The Appellant argued that the Plaintiff at the trial court, Edevbie, who alleged that he made false deposition and presented forged documents in aid of his qualification to participate in the PDP governorship primaries, ought to have been required to prove such criminal allegation beyond every reasonable doubt.
Consequently, aside from praying the appellate court to throw out his sack as PDP’s gubernatorial candidate in Delta State, Oborevwori, also applied for stay of execution of the judgement against him, pending the determination of his appeal.
It will be recalled that the high court had disqualified Oborevwori from contesting the 2023 governorship election in Delta State based on Edevbie’s suit
The court proceeded to direct INEC to recognize the Plaintiff, Edevbie as the governorship candidate of the PDP in the state.
The court maintained that the evidence before it confirmed that Oborevwori supplied false and forged documents to INEC
