Delta Guber: Gbagi Loses Interlocutory Appeal

The Court of Appeal sitting in Abuja on Friday, September 15, 2023, dismissed the interlocutory appeal filed by Chief Kenneth Gbagi against the ruling of the Governorship election tribunal sitting in Delta State.

PETITION NO: EPT/DL/GOV/02/2023

GBAGI KENNETH & ANOR v. INEC & 12 ORS

The Court of Appeal sitting in Abuja on Friday, September 15, 2023, dismissed the interlocutory appeal filed by Chief Kenneth Gbagi against the ruling of the Governorship election tribunal sitting in Delta State.

It will be recalled that Chief Gbagi had attempted to tender a Gazette after the parties had closed their case and the tribunal adjourned for judgment. The application was dismissed by the tribunal who deemed it an abuse of Court process.

Miffed at the tribunal’s decision, Chief Gbagi appealed to the Court of Appeal. In its judgment delivered on Friday, the Court of Appeal found that the tribunal exercised its discretion judiciously in dismissing the application.

The penultimate Court also held that Chief Gbagi was unable to show how the Gazette was relevant to his case or the overall justice of the case. Furthermore, the Court of Appeal was of the opinion that the Gazette being a law, is one of those items that the tribunal can take judicial notice of, and that there was no need for the hue and cry by Chief Gbagi in attempting to tender it.

The Court also chastised the 6th and 7th Respondent for conceding to the Appeal instead of filing a cross appeal.

On the whole, the appeal was dismissed by a unanimous decision of the three member panel.

 Chief Gbagi was represented by Adurami A. Abimbola, Esq. Tehimba Gbashima appeared for the 1st Respondent.  Governor Oborevwori and Mr. Monday Oyeme were represented   by Marvin Omorogbe, Esq holding the brief of Ekeme Ohwovoriole, SAN, while PDP was represented by Zainab Otega, Esq (Mrs) holding the brief of Ayo Asala SAN.  U.D Akima appeared for the 5th Respondent and also held the brief of Ifeoluwa, Esq for the 6th and 7th Respondents. Victor Aguezi, Esq appeared for the 11, 12th and 13th Respondents.

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