The Court of Appeal sitting in Abuja has overturned the judgment of the Abuja Federal High Court which disqualified Hon. Sheriff Oborevwori as the duly elected PDP governorship candidate in Delta State.
It would be recalled that Hon. Oborevwori who emerged as the party’s governorship candidate from the primary conducted by the party in May was dragged to a Federal High Court in Abuja by the second runner up in the contest, Chief David Edevbie over issues bordering on eligibility for the primary.
Justice Taiwo Taiwo of the Federal High Court, Abuja in his judgment disqualified Hon. Oborevwori for submitting false information to INEC to back his nomination as PDP’s candidate.
The trial court also ordered that the name of the second runner up of that primary, Edevbie be submitted to INEC as the duly qualified governorship candidate of the party in the State.
However, Oborevwori approached the Court of Appeal, challenging the Justice Taiwo Taiwo’s judgment and after hearing from counsel from the appellant and respondent, the 3-man panel of the appellate court led by Olabisi Ige, in a unanimous judgment today, Monday August 29, dismissed the judgment of the lower court.
The Court of Appeal held, among other things, that it was wrong for the claimant to file a contentious matter at the lower court by way of originating summons, adding that it ought to be filed by way of writ of summons.
The appellate court also held that a matter bordering on forgery cannot be decided on affidavit evidence, adding that witnesses ought to be called.
It further held that the lower court lacked jurisdiction over the issue in the first place as Edevbie’s case was not ripe because Sheriff’s name has not been sent to INEC yet.
It therefore ruled that allegations of fraud such as fake documents cannot be resolved by originating summon just as it held that the Federal High Court misconstrued the provisions of Section 29 of the Electoral Act, adding that the reasoning of the Federal High on the interpretation of Section 29 was erroneous
As at the time of this report it is not yet clear if Edevbie will be heading to the Supreme Court of appeal.
