Delta 2023: Appeal Court Sets Aside Oborevwori’s Sack as PDP Candidate

•Gubernatorial candidate hails ruling, praises God

Alex Enumah in Abuja

A three-man panel of the Court of Appeal has set aside the sack of Hon. Sheriff Oborevwori as candidate of the Peoples Democratic Party (PDP) in the 2023 governorship election in Delta State.

The panel led by Justice Peter Ige yesterday set aside Oborevwori sack on the grounds that the lower court erred in law in reaching the conclusion that Oborevwori was not qualified to participate in the governorship primary election of the PDP on account of forgery and perjury.

Oborevwori who is the current Speaker of the Delta State House of Assembly had emerged winner of the PDP governorship primary after he polled 590 of the total votes cast at the March 25 primary election.

However, David Edevbie who came second with 113 votes had dragged Oborevwori and the PDP to court accusing Oborevwori of falsehood and that he forged the academic certificates he submitted to the Independent National Electoral Commission (INEC).

Amongst the prayers Edevbie sought at the court included an order removing Oborevwori as candidate of the PDP in the March 2023 poll and that his name be forwarded to INEC as authentic candidate of the PDP.

Delivering judgment in Edevbie’s suit, Justice Taiwo Taiwo of the Federal High Court Abuja had on July 7, sacked Oborevwori as candidate of the PDP having found him guilty of alleged forgery of his academic certificates and perjury.

Justice Taiwo then went ahead to order the PDP to submit the name of Edevbie, who came second at the March 25 governorship primary.

Dissatisfied however, Oborevwori had approached the appellate court to challenge his removal as PDP governorship candidate.

He had predicated his appeal on 18 grounds amongst which was that the suit at the lower court was wrongly initiated and that the court lacked jurisdiction to entertain it in the first place.

However, in the unanimous judgment yesterday, the three-man panel agreed with the appellant that the suit filed by David Edevbie was wrongly initiated, because allegations of criminal offenses must be proven beyond affidavit evidences.

The panel noted that cases involving criminal allegations ought not to have commenced by an Originating Summons as in the instant case.

The court held that this case, “cannot be resolved without recourse to oral evidence,” because the issue of forgery and falsehood and others raised by the plaintiff and 1st respondent “is deeply rooted in criminality.”

The panel stressed that such criminal cases must be proven beyond reasonable doubt with the calling of relevant witnesses and not by mere affidavit evidence.

The court held that failure of Edevbie to call relevant witnesses was fatal to the case and the trial court erred in law when he found merit in the suit and granted the reliefs sought.

According to the judgment, Edevbie would have called the institutions he claimed their certificates were forged to prove his allegations, adding that the forged certificates and other documents must be presented before the court to substantiate the allegations.

Justice Ige further stated that it was not enough to prove that the certificates and other documents were forged, but the plaintiff must prove that it was the defendant himself who forged the said certificates and other documents.

The court on another issue held that the court lacked jurisdiction to entertain the suit in the first place because there was no reasonable cause of action at the time it was filed.

According to the appellate court, its findings showed that even the lower court observed that neither Oborevwori nor his party, PDP, breached the party’s guidelines as well as the Electoral Act as regards the selection and nomination of its candidate for the 2023 governorship election in Delta State.

While holding that the suit was premature, the appellate court stated that the plaintiff ought to have waited for the PDP to have forwarded the name of Oborevwori to INEC as its candidate in the 2023 governorship election in Delta State.

“It is when the name of the respondent/ appellant has been forwarded to INEC and the names and attached documents published that the plaintiff/ 1st respondent can approach the court and claim presentation of false documents,” the court ruled.

Ige lamented that while Justice Taiwo had acknowledged the fact that the name of Oborevwori has not yet been forwarded to INEC as PDP’s candidate he erroneously held that plaintiff need not wait for crystalisation of the process before going to court.

On the alleged discrepancies in the names on the certificates presented by Oborevwori, the court held that Edevbie did not only failed to prove that the names were not that of Oborevwori but also failed to show who owns those names.

“Having resolved issues 1,2,4 and 5 in favour of the appellant, the appeal has merit and is bound to succeed judgment of the lower court delivered by Justice Taiwo Taiwo is hereby set aside,” it added.

 Meanwhile, a special thanksgiving service was held at the Government House Chapel, Asaba, yesterday, to celebrate Oborevwori victory at the Court of Appeal, Abuja Division.

The thanksgiving service was attended by the wife of the state Governor, Dame Edith Okowa, members of the state executive council, chieftains of the PDP in the state, members of the State House of Assembly and supporters of the PDP, among others.

Speaking at the ceremony, Oborevwori who is also the Speaker of the state legislature, said he was in the chapel to appreciate God for giving him victory.

He said it was the Almighty God that gave him the victory at the Court, pointing out that the victory was for everybody in the state.

According to him, it is God that gives power, stressing that nobody can upturn what God had ordained.

While saying that Delta State is one, Oborevwori said, “by the grace of God, in 2023, we shall come here again (Government House Chapel) to give thanks to God.

“We have come here to give thanks to God for giving us victory. The victory is for everybody; it is God that gives power and nobody can upturn what God had ordained.

“When we came to the chapel to celebrate the 31st anniversary of the creation of Delta State last Saturday, I promised God that if he gives me victory at the Appeal Court, l shall come to the chapel to give thanks to him.”

The PDP gubernatorial candidate expressed appreciation to the governor’s wife for her strong support through prayers and for being solidly behind her husband.

At the ceremony, the Chaplain of Government House Chapel, Venerable Charles Osemenam harped on the importance of thanksgiving to God, even as he prayed for sustained peace and unity in the state.

Highlight of the ceremony was thanksgiving by Oborevwori who was accompanied by the governor’s wife as well as other dignitaries as they all danced gloriously to the altar of God for the thanksgiving.