THE Supreme Court has dismissed an appeal to nullify the election of Governor Sheriff Oborevwori of Delta State.
The apex court, in a unanimous judgement by a five-member panel of justices, dismissed the pre-election case that challenged Oborevwori’s eligibility to contest the governorship election held in the state on March 18.
The court held that the appeal, which was filed by a chieftain of the Peoples Democratic Party (PDP) in the state, Chief Ikie Aghwarianovwe, lacked merit.
In the judgement delivered by Justice Emmanuel Agim, the apex court said it found no reason to set aside the concurrent decisions of the Federal High Court and the Court of Appeal, which had earlier dismissed the case against governor Oborevwori.
Chief Ikie had gone to court to challenge the nomination of Oborevwori as candidate of the PDP for the gubernatorial election, alleging that Oborevwori, who was formerly the Speaker of the Delta State House of Assembly, submitted false documents to the Independent National Electoral Commission (INEC), to aid his qualification.
In his Writ of Summons, marked: FHC/ABJ/ CS/1857/2022, with PDP, Oborevwori and INEC as first and third defendants, the plaintiff sought Governor Oborevwori’s disqualification.
The plaintiff, among other things, prayed the court to declare that the information, particulars and documents contained in the Form EC9 that Oborevwori swore to on June 30, 2022, which the PDP submitted and published by INEC on October 4, 2022, for the Delta state governorship election, contained false information “as they relate to the 2nd defendant’s constitutional requirement for the said office, contrary to Section 29(5)&(6) of the Electoral Act 2022.”
He further sought an order, disqualifying the 2nd defendant sponsored by the 1st defendant from contesting the election to the office of governor of Delta State in the 2023 general elections.
“An order disqualifying the 1st defendant from sponsoring the 2nd defendant or any other candidate for the office of governor of Delta State in the 2023 general election pursuant to Section 29(6)of the Electoral Act, 2022.”
Though the matter was filed in Abuja, it was subsequently transferred to the Asaba Division of the Federal High Court.
In the course of the hearing, both the PDP and governor Oborevwori filed preliminary objections to challenge the competence of the suit.
While denying the allegation that he submitted false documents to INEC, Oborevwori, contended that the suit was statute barred, stressing that documents the plaintiff relied upon to seek his disqualification, pertained to the 2019 general elections and argued that documents submitted to INEC in 2018 could not be a basis for the disqualification of a candidate in 2023.