Giane Duvie Gwede: Federal High Court Dismisses Case Against Oborevwori

The Honourable Justice Ekwo of the Federal High Court 5, Abuja, on Monday dismissed the suit filed by Jenkins Giane Duvie Gwede, seeking the disqualification of Rt. Hon. Sheriff Oborevwori. Gwede filed the suit on the spurious ground that PDP did not submit Rt. Hon. Sheriff Orohwedor Oborevwori’s name to INEC.

The Plaintiff based his cause of action on a counter affidavit deposed to by Rt. Hon Sheriff Oborevwori in a totally different suit, which was pending at the Supreme Court at the time Gwede’s case was filed.

Upon receipt of the suit, PDP and Rt. Hon Sheriff Oborevwori’s legal team led by Ekeme Ohwovoriole, SAN and Ayo Asala, SAN, filed notice of preliminary objections, challenging the Plaintiff’s locus standi to institute the suit.

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The legal team also filed a defence on the merit and exhibited Certified True Copy of INEC’s print out showing that PDP submitted Rt. Hon. Sheriff Oborewori’s name to INEC. The Court was therefore asked to dismiss the suit.

Meanwhile, when the case came up on the 8th of February 2023, arguments were taken by the trial Judge and judgment reserved for today, February 23, 2023.

In his judgment, the Learned trial Judge agreed with all the legal points raised by Rt. Hon. Oborevwori’s legal team and dismissed the case on the strength of the preliminary objection filed by Oborevwori.

The court held amongst others, that Gwede, who is the governorship candidate of Action Alliance in Delta State, cannot challenge the qualification of PDP’s candidate under section 29(1) of the Electoral Act or under any other section of the Electoral Act, same having been reserved for only aspirants challenging their own political party’s primaries.

The Court further held that the Plaintiff cannot base his case on a counter affidavit filed in another suit and which suit was still pending on appeal at the Supreme Court.

On the whole, the Court described the suit as “strange” and came down heavily on the Plaintiff. The Court saw no need to waste its precious judicial time on the merit of the case as the Plaintiff has no locus standi to institute the case, and did not disclose any reasonable cause of action.

The case was consequently dismissed.