End of the road: Supreme Court dismisses Edevbie’s appeal for lack of merit

* Affirms Oborevwori as bonafide PDP guber candidate

By Jon Egie

The legal journey embarked by Olorogun David Edevbie challenging the election of Rt Hon Sheriff Oborevwori as the authentic candidate of the PDP for the 2023 governorship election in Delta State has come to an end with a verdict by the Supreme Court giving judgement ion favour of Oborevwori.

The legal journey began with Edevbie’s challenge of the profile documents of Oborevwori which he claimed were laden with irregularities and hence, sought the High Court in Abuja to declare Oborevwori as unfit to contest the election and also declare himself the candidate of the party for the 2023 guber election.

He won.

But Oborevwori appealed against the judgement of the High Court and proceeded to the Appeal Court where he secured victory.

In the judgement of the Appeal Court, Edevbie was seen to have beaten the gun when he approached the lower court before the PDP submitted the said documents of Oborevwori to the INEC.

Again, Edevbie moved to the Supreme Court to determine the veracity of the judgement of the Appeal Court.

The case was fixed for today, Friday, October 21 for judgement.

The Supreme Court, today, Friday, October 21, 2022 affirmed Sherrif Oborevwori, as the bonafide candidate of the Peoples Democratic Party, PDP, for the 2023 governorship election in Delta State.

The apex court, in a unanimous decision by a five-man panel led by Justice Amina Augie, dismissed the Edevbie’s appeal that was lodged against Oborevwori.

Edevbie had in his appeal, alleged that Oborevwori submitted false and forged documents to the PDP, in aid of his qualification to contest the election billed for March 11, 2023.

He told the court that whereas Oborevwori had in an affidavit he deposed to, claimed that he was born in 1963, he, however, tendered a West African Examination Council, WAEC, certificate that was issued to someone that was born in 1979.

The Appellant insisted that all the documents Oborevwori tendered to his party, in support of his qualification to contest the election, did not match his name at birth.

Besides, Edevbie, contended that the case provided 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 said the section 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.

However, in its judgement, the apex court held that allegations the Appellant raised before it was rooted in criminality and therefore ought to be proved beyond reasonable doubt.

It noted that 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.

It held that Edevbie allegations against Oborevwori could not be resolved through affidavit evidence or Originating Summons.

More so, the apex court, held that Edevbie’s case was premature as 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 its lead judgement that was delivered by Justice Tijjani Abubakar, the apex court, said it saw no reason to set-aside the Court of Appeals verdict that earlier upheld Oborevwori’s nomination.

“In conclusion, I found no merit in this appeal and it is accordingly dismissed”, Justice Abubakar held.

While supporters of Oborevwori expressed satisfaction with the judgement and called for reconciliation and consolidation for the party to prepare for the election, staunch supporters of Edevbie have expressed their disatisfactiion with the verdict.

Chief Julius Akpovoka who was at the Supreme Court during the proceedings fumed that the judgement in favour of Oborevwori was given on technical ground which consequentially, would make supporters of Edevbie to give their support to other rival political parties that will contest the election.

“By this verdict I am moving to APGA, APGA will have it,” he said.