Court Reserves Judgment in Delta State Governorship Appeals
LAGOS/Nigeria: In a pivotal legal showdown, the Appeal Court, Lagos Division, stood witness to the intense proceedings on Monday, November 13th, 2023, as it reserved its judgment on three separate appeals challenging the election of Sheriff Oborevwori as the governor of Delta State. The appeals were filed by heavyweight political figures: Senator Ovie Omo-Agege of the All Progressives Congress, Kenneth Gbagi of the Social Democratic Party, and Kennedy Pela of the Labour Party, adding layers of significance to the judicial deliberations.
Presided over by Justice Hamma Barka, the three-member panel meticulously dissected the submissions presented by counsels representing each party involved. Alongside Justice Barka, Joseph Olubunmi Oyewole and Justice Hadiza Shagari comprised the panel, collectively entrusted with the weighty responsibility of deliberating on the complex legal arguments brought forth.
The genesis of this legal saga stemmed from the Independent National Electoral Commission’s declaration of Sheriff Oborevwori, the People’s Democratic Party candidate, as the victor in the Delta State governorship election. Oborevwori’s triumph, with 360,234 votes, prevailed over the formidable opposition led by Omo-Agege, who secured 240,229 votes.
However, dissatisfaction brewed among the contenders, leading to a series of legal maneuvers. The Delta State Governorship Election Petition Tribunal, seated in Asaba, initially upheld Oborevwori’s election, delivering a blow to the appellants’ aspirations.
Justice C.H. Ahuchaogu, spearheading the three-member tribunal, rendered a judgment that echoed through the legal corridors, dismissing Omo-Agege’s petition on grounds of lacking merit. In a parallel stance, the petitions brought forth by Ken Pela of the Labour Party and Kenneth Gbagi of the SDP faltered in their quest to substantiate allegations of overvoting and other irregularities.
Central to Omo-Agege’s contention was the issue of overvoting, vehemently contested during the tribunal proceedings. The tribunal, drawing from precedent and legal mandates, highlighted the necessity of a BVAS (Biometric Voter Accreditation System) report to substantiate claims of overvoting. However, the petitioner’s failure to produce this pivotal report critically undermined their case.
“The tribunal agrees with the respondent’s argument. By Supreme Court judgment, BVAS is mandatory to prove over-voting,” the ruling articulated, underscoring the indispensable role of this report. The tribunal’s stringent stance on evidentiary requirements remained unwavering, deeming other documents presented as inadequate substitutes for the requisite BVAS report.
In a resolute determination to maintain legal integrity and adherence to established precedents, the tribunal unequivocally declared the presented report on the examination of the back-end server as inadmissible in proving allegations of overvoting.
As the gavel rests and the courts deliberate, the future of Delta State’s gubernatorial leadership hangs in the balance, awaiting the decisive pronouncement from the hallowed halls of the Appeal Court, a verdict poised to shape the state’s political trajectory.
