UPDATED! Delta PDP Guber Primary: Oborevwori Wins At Appeal Court

The Appeal Court sitting in Abuja has nullified the judgement of the Federal High Court, Abuja, declaring Olorogun David Edevbie as the lawful and authentic governorship candidate of the Peoples Democratic Party, PDP, in Delta State for the 2023 general elections.

The ruling of the Appellate Court was sequel to an appeal filed by Chief Sheriff Oborevwori and the PDP, challenging the judgement of the Federal High Court delivered by Justice Taiwo O. Taiwo.

The three-member panel of the appellate court, led by Justice Peter Ige, held that the Federal High Court lacked the jurisdiction to have entertained the suit by David Edevbie on the grounds that the cause of action had not crystallised as at when the suit was filed.

The appellate court further held that Edevbie failed to prove his claim that Oborevwori supplied false and forged academic credentials and other documents to the Independent National Electoral Commission (INEC) INEC in aid of his qualification for the governorship election.

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Justice Peter Olabisi Ige who delivered the Court of Appeal decision held that claims against the Speaker are criminal in nature and must be proved beyond reasonable doubts.

The Appellate court also held that David Edevbie who instituted the Federal High Court suit 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 issue of certificate forgery and faking of documents allegations against the Speaker are 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.

The appeal court, while delivering judgement made the following assertions.

1. Allegations of fraud such as fake documents cannot be resolved by originating summon.

2. Case of forgery cannot be decided by affidavit evidence.

3. The court just held that the suit ought to have been commenced by writ of summons and not originating summons.

4. The court has also held that since the matter is founded on presentation of forged documents will require calling of witnesses.

5.The court also held that the cause of action of David has not crystalize for the court to assume jurisdiction.

6.Originating summon was wrongly done.

7. Lower court had no jurisdiction to entertain the suit

8. Issue one is resolved in Favour of the appellant.

9.Edevbie’s case was not ripe because Sheriff’s name has not been sent to INEC.

10.The court has further held the right of David to approach the court can only accrue when INEC publishes the personal particulars of Sheriff

11.The court has held that the Federal Court misconstrued the provisions of Section 29 of the Electoral Act. The reasoning of the Federal High on the interpretation of Section 29 is erroneous.

12.The judgement of the learned trial court is erroneous and is null and void as it was done without jurisdiction.

13.The judgment of the learned trial court is erroneous and is null and void as it was done without jurisdiction.