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The Appeal Court in Abuja has affirmed Sheriff Oborevwori as the governorship candidate of the Peoples Democratic for the 2023 election in Delta State.
This is as the court nullified the judgement of the Federal High Court, Abuja, which declared Olorogun David Edevbie as authentic governorship candidate of the PDP in its July 7 ruling.
The latest development followed an appeal by the Delta Assembly speaker challenging the judgement delivered by Justice Taiwo O. Taiwo.
The appeal court ruled that;
1. Allegations of fraud such as fake documents cannot be resolved by originating summon.
2. Case of forgery cannot be decided by affidavit evidence.
3. The court just held that the suit ought to have been commenced by writ of summons and not originating summons.
4. The court has also held that since the matter is founded on presentation of forged documents will require calling of witnesses.
5.The court also held that the cause of action of David has not crytsalize for the court to assume jurisdiction.
6.Originating summon was wrongly done.
7. Lower court had no jurisdiction to entertain the suit
8. Issue one is resolved in Favour of the appellant.
10. The court has further held the right of David to approach the court can only accrue when INEC publishes the personal particulars of Sheriff
11. The court has held that the Federal Court misconstrued the provisions of Section 29 of the Electoral Act. The reasoning of the Federal High on the interpretation of Section 29 is erroneous.
12. The judgment of the learned trial court is erroneous and is null and void as it was done without jurisdiction.
The Court of Appeal in Abuja had earlier reserved its judgement on the appeal filed by the Peoples Democratic Party, PDP, Governorship candidate for Delta state Southern Nigeria, Mr. Sheriff Oborevwori, against the federal high court judgement that ordered he be replaced with the plaintiff, David Edevbie.
Justice Peter Ige said they would communicate the date for the judgement to all the parties.
Being a pre-election matter, the 180 days stipulated by the Constitution for adjudication of election matters as it relates to Delta state would have elapsed on September 5.