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In a significant ruling on November 7, 2023, the Court of Appeal in Lagos dismissed the appeal brought by Peter Omaruaye and the All Progressives Grand Alliance (APGA) challenging Senator Ede Dafinone’s victory in the Delta Central Senatorial District election held on February 25, 2023.
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The Court of Appeal, in a unanimous decision, ruled that the appellants (Omaruaye) failed to substantiate their claims of non-qualification and non-compliance with the Electoral Act against the respondents.
The Court of Appeal also rejected the preliminary objections filed by the respondents, which questioned the appellants’ brief of argument due to an alleged proliferation of issues. The Court determined that these preliminary objections were frivolous and devoid of merit.
Regarding the substance of the appeal, the Court of Appeal held that the appellants did not establish that the respondents were unqualified to contest the election. Furthermore, the Court found that the appellants could not prove that the respondents had violated the Electoral Act during the election.
With both issues resolved in favor of the respondents (Dafinone and APC), the Court of Appeal dismissed the appeal. The appellants were also ordered to cover the costs of the appeal for the respondents.
This latest victory marks the dismissal of all electoral cases against Senator Dafinone’s victory.
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