Delta PDP Governorship Primaries: Appeal Court Upholds Oborevwori, Challenger Fined N9m

The Court of Appeal, Asaba Division, On Wednesday, October 5th, 2022, dismissed a Pre – Election Matter  against the Speaker of the Delta State House of Assembly and Delta State PDP Governorship Candidate for the 2023 General Election Sheriff Oborevwori.

The case was an appeal by Chief Ikie Aghwarianovwe against an earlier court judgment in the case of alleged over voting in the PDP primaries that produced Oborevwori as the candidate of the PDP in Delta State.

The appellant had taken his case to the Court of Appeal, Asaba after the Federal High Court, Warri had dismissed his earlier case of overvoting in the primary election.

When the Case was called, Appellant was absent in Court. Also, 1st  to 9th Respondents were not in Court.

Amongst the Counsel who appeared were; Blessing Umeokafor, for the Appeallant. Meanwhile, E. Ohwovoriole SAN, Ayo Asala SAN appeared for the 1st- 9th Respondents, and with them were; O.S Onoriose, C.O. Okon Esq, T.F. Diogbaghs, Esq., Oigbagha, Esq and C.G. Onyenachi (Miss).

The presiding Justice, Hon. Justice Agube  JCA, and Hon Justice Bolaji Yusuf JCA. Hon Justice Bolaji Yusuf read the lead judgment of the Court.

The Court of Appeal,  Asaba, struck out the Appellant’s brief of argument, having been filed out of time as provided by the Practice Direction on Pre election matters.

On the substantive issue, the Court expressed its displeasure at the Appellant for bringing such a frivolous suit against the second Respondent, the Appellant having scored zero vote at the Gubernatorial primary election; saying he ought to have gone home and re-strategized. Instead, he brought an absurd suit to waste the precious time of the Court.

Hon. Justice Bolaji Yusuf  in  the lead judgment said that there was no issue of over voting at the 1st Respondent primary election, and that the 1st Respondent Constitution and guidelines provides for 25 national Delegates to also vote outside the 3-man adhoc Delegates that voted.

in view of the above and other reasons given by the Court, the appeal was dismissed and the sum of N9,000,000  was awarded against the Appellant in favour of each of the 1st to 9th Respondents.

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