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Fresh suit seeks nullification of Oborevwori as PDP guber candidate

By Ameh Ochojila, Abuja
17 November 2022   |   5:55 am
Delta State Peoples Democratic Party (PDP) chief, Aghwarianovwe Ikie, has filed a fresh suit seeking the nullification of the Speaker of the Delta State House of Assembly Sheriff Oborevwori as the governorship candidate

Oborevwori

Delta State Peoples Democratic Party (PDP) chief, Aghwarianovwe Ikie, has filed a fresh suit seeking the nullification of the Speaker of the Delta State House of Assembly Sheriff Oborevwori as the governorship candidate of the party in the state.

In a writ of summons, marked FHC/ABJ/CS/1857/2022, dated October 13 and filed by his counsel, Dr. Alex Izinyon, SAN, Ikie, who listed the PDP, Oborevwori and the Independent National Electoral Commission (INEC) as 1st, 2nd and 3rd defendants respectively, is asking the court to, among other things, declare that some portions of the information filed by Oborevwori for the PDP primary election were false.

The fresh suit is coming despite the judgment of the Supreme Court that affirmed Oborevwori as the governorship candidate of the party in the state.

The plaintiff’s claims include: “A declaration that the information, particulars and documents contained in the 3rd defendant’s INEC form EC9 given by the 2nd defendant duly sworn to by him on June 30, 2022 submitted by the 1st defendant and published by the 3rd defendant on October 4, 2022 for the 2023 general election to the office of the governor of Delta State contain false information as they relate to the 2nd defendant’s constitutional requirement for the said office, contrary to Section 29(5)&(6) of the Electoral Act 2022.

“An order disqualifying the 2nd defendant sponsored by the 1st defendant from contesting the election to the office of governor of Delta State in the 2023 general elections. An order disqualifying the 1st defendant from sponsoring the 2nd defendant or any other candidate for the office of governor of Delta State in the 2023 general election pursuant to Section 29(6)of the Electoral Act, 2022.”

The Supreme Court had, in a unanimous decision by a five-member panel led by Justice Amina Augie, dismissed an appeal that was filed against Oborevwori by an aggrieved governorship aspirant of the PDP in the state, Olorogun David Edevbie.

Edevbie had, in his appeal, alleged that Oborevwori submitted false and forged documents to the PDP, in aid of his qualification to contest the election billed for March 11, 2023.

He told the court that whereas Oborevwori had, in an affidavit he deposed to, claimed he was born in 1963, he, however, tendered a West African Examination Council (WAEC) certificate that was issued to someone that was born in 1979.

In its judgment, the apex court held that allegations the appellant raised before it was rooted in criminality and therefore ought to be proved beyond reasonable doubt.

The apex court held that Edevbie allegations against Oborevwori could not be resolved through affidavit evidence or Originating Summons.

However, in a fresh suit, the plaintiff in his statement of claim, stated that pursuant to the declaration of victory of the 2nd defendant, he had filled the 3rd defendant’s INEC Form EC9, containing his personal information and documents and submitted same to the 1st defendant to be submitted subsequently to the 3rd defendant within the period allowed for submission.

Meanwhile, Justice Inyang Ekwo has fixed December 15 and 16 for commencement of hearing.

This was after the case was mentioned on Wednesday before the court.

Counsel to the 1st and 2nd defendants, Ekeme Ohwovoriole, SAN, and Damien Dodo, SAN, were present in court while the 3rd defendant (INEC) was not in court and was not represented by counsel.

Although the PDP has filed its statement of defence, Oborevwori is yet to file any process in court.