S’Court reserves judgments in Delta, Plateau guber appeals

Benue PDP accepts fate
The Supreme Court has reserved judgments in the appeals by Social Democratic Party (SDP), Labour Party (LP) and All Progressives Congress (APC) challenging the victory of Delta State Governor, Sheriff Oborevwori.

The Independent National Electoral Commission (INEC) had declared Oborevwori of the Peoples Democratic Party (PDP) with 360,234 votes as winner of the governorship election ahead of APC’s Ovie Omo-Agege, who secured 240,229 ballots.

An Appeal Court ruling in November returned the governor via a three-member panel headed by Justice C.H. Ahuchaogu.

Dissatisfied by the verdict, Omo-Agege approached the apex court for a positive outcome.

However, at the proceedings of a five-member panel, led by Justice Inyang Okoro, yesterday, the apex court reserved ruling after all parties adopted their final briefs of argument.

Specifically, the appellants, through their counsel, urged the Supreme Court to invalidate the November 24 judgment of the Court of Appeal in Lagos State, which dismissed their case for want of merit and affirmed Oborevwori as winner of the governorship contest.

They equally faulted an earlier judgment of the Delta State Governorship Election Petition Tribunal sitting in Asaba, which on September 29, affirmed Oborevwori’s election.

Omo-Agege, who is the immediate past Deputy President of the Senate, contended that the election was not conducted in substantial compliance with the Electoral Act.

He told the apex court that the results of the election were not properly recorded at some polling units, adding that the forms that contained some of the recorded results did not have serial numbers.

While the SDP candidate, Kenneth Gbagi, prayed the court to declare that Governor Oborevwori was not eligible to contest the election, his LP counterpart, Ken Pela, urged the court to nullify the entire election and order a fresh one.

Similarly, the apex court, yesterday, reserved judgment in the appeal filed by Governor Caleb Mutfwang of Plateau State seeking to set aside the November 19, 2023, decision of the Court of Appeal, which nullified his election.

A five-member panel, headed by Justice John Okoro upon hearing the arguments of parties in the matter, stated that the date for judgment will be communicated to all on or before January 16 when the matter would lapse.

At the hearing of the appeal, the panel took arguments from lawyers to parties in the case.

After a frenetic session between Mutfwang’s attorney, Kanu Agabi, and Yilwatda’s counsel, J.O Olatoke, all Senior Advocates of Nigeria (SANs), the court reserved judgment.

In the appeal, Governor Muftwang prayed the Supreme Court to dismiss the Court of Appeal’s verdict, which voided his election on grounds of non-qualification.

The appellate court, in a unanimous decision, held that by virtue of Plateau PDP not having a valid structure made its congresses invalid, and with Mutfwang’s nomination being an offshoot of the exercise, he automatically made himself a casualty, thus returned Nentawe Yilwatda of the APC as winner of the gubernatorial election.

However, Agabi insisted that the ruling was at variance with precedent judgment of the Supreme Court, which held that matters on nomination are a pre-election issue, one that it lacks jurisdiction to determine.

He also faulted Yilwatda’s declaration by the appellate court as winner of the March 18 poll.

On the other hand, counsel to Yilwatda and APC prayed the apex court to uphold the judgment sacking the governor.

Mutfwang scored 525,299 votes to beat Yilwatda, who garnered 481,370 ballots during the contest.

Besides, Benue PDP has accepted in good faith the apex court’s ruling which reaffirmed Governor Hyacinth Alia’s victory at the poll.

The party and its candidate, Titus Uba, had approached the court for a favourable result having earlier lost at both the governorship tribunal and appellate court levels.

On Monday, the Supreme Court dismissed their appeal seeking to set aside Alia’s victory.

They communicated their position in a statement by party’s state publicity secretary, Bemgba Iortyom, in Makurdi.

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