The Supreme Court, on Friday, affirmed Sherrif Oborevwori’s candidacy ahead of the 2023 guber election in Delta state.
Sheriff is currently the Speaker of Delta State House of Assembly.
The nation’s apex court, in a unanimous decision by a five-man panel headed by Justice Amina Augie, dismissed an appeal against Oborevwori by his former co-guber aspirant, Mr. Olorogun Edevbie.
Edevbie had in his appeal, alleged that Oborevwori submitted false and forged documents to the PDP.
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 made available to his party, in support of his qualification to contest the primary election, did not match his name at birth.
Edevbie also 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 grounds 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 a candidate.
However, in its judgment, the apex court held that allegations the Appellant raised against the Speaker 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.
Edevbie’s case was also according to the Supreme Court 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’ the apex court noted.
Team@orientactualmags.com learned Justice Tijjani Abubakar , who read the judgment, said there was no reason to set-aside the Court of Appeal’s verdict that had earlier upheld Oborevwori’s nomination.
‘In conclusion, I found no merit in this appeal and it is accordingly dismissed’ he ruled- Team@orientactualmags.com
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