Admin l Friday, October 21, 2022
ABUJA, Nigeria – The internal wrangling in the Delta State Peoples Democratic Party, PDP was earlier today put to rest when the Supreme Court unanimously ruled that the embattled Sheriff Oborevwori remains the only bonafide candidate of the party in Delta State ahead of the 2023 general election.
The a five-man panel led by Justice Amina Augie, dismissed Olorogun David Edevbie’s appeal against the high court that earlier ruled in favour of Oborevwori.
Edevbie, of the PDP had in his appeal, alleged that Oborevwori submitted forged documents to the PDP to aid his qualification to contest the election billed for March 11, 2023.
According to Edevbie, Oborevwori had in an affidavit claimed that he was born in 1963 and tendered WAEC certificate issued to a person born in 1979 and that the case provides a unique opportunity for the Supreme Court to make a pronouncement on “the new legal regime introduced by section 29(5) of the Electoral Act, 2022”.
He averred that the electoral act provided that any aspirant that participated in the primary of a political party and has reasonable ground to believe that any information given by his political party’s candidate, in relation to constitutional requirement for qualification for the election was false, could approach the court to challenge the eligibility of such candidate.
The Supreme Court held that that the plaintiff failed to prove beyond reasonable doubt the criminal allegations leveled against the defendant.
“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.
The apex court held that allegations against the defendant could not be resolved through affidavit evidence or Originating Summons and that the case was premature since the 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 the lead judgement read by Justice Tijjani Abubakar, the court said it sees no reason to set-aside the Court of Appeals verdict that earlier upheld Oborevwori’s nomination as PDP candidate for the 2023 election. “In conclusion, I found no merit in this appeal and it is accordingly dismissed”.