Delta: Tribunal Re-Affirms Sherriff (PDP) As Elected Gov, Dismisses APC, LP, SDP
The Delta State Governorship Election Petition Tribunal sitting in Asaba, has dismissed three petitions of the APC, SDP & LP challenging the victory of Sheriff Oborevwori of the PDP as the duly elected Governor of Delta State in the 18th March Governorship poll.
On March 20, INEC declared the PDP Candidate, Sherriff winner with 360,234 votes. The former Deputy Senate President and APC Candidate (Ovie Omo-Agege), Kennedy Pela of the LP and SDP’s Kenneth Gbagi secured 240229, 48047 and 4639 votes respectively.
Obviously dissatisfied with the results, the trio headed for the tribunal challenging the victory of the former Speaker of the Delta State House of Assembly, Oborevwori.
Through his team led by Alex Izinyon SAN, (EPT/DT/Gov/3/2023), the Petitioners (APC & Omo-Agege) contended:
*That there was substantial non-compliance in over 1000 PUs
*That Oborevwori did not win majority of lawful votes.
*That Omo-Agege be declared winner following over-voting in a number of Polling Units.
RESOLUTION:
The three-man tribunal led by Justice Chibuzo Ahuchaogu held that; the APC & Omo-Agege failed to prove the non-compliance with the Electoral Act alleged by them in 1333 polling units”
On over-voting, the recognisable evidence in proof of over-voting are BVAS, voters register and Form EC8A, the Petitioners did not only fail to plead the above, they were also not tendered, the voters register was not pleaded with regularity, the tribunal held.
This lack of evidence places some doubts on the strength of their petition, The tribunal further struck out the petition and affirmed Oborevwori as winner.
Pela & LP v. INEC & 5 Ors
Through his counsel, Mathias Emeribe the LP Candidate, Pela contended:
That the 2nd (Oborevwori), 3rd (Onyeme), 5th (Omo-Agege) & 6th (Osanebi) Respondents were at the time of the election, not qualified to contest the election.
That the 2nd Respondent did not score the majority of lawful votes to be so declared winner.
That there was substantial non-compliance with the Electoral Act.
That the votes of Oborevwori and then Omo-Agege be declared as wasted votes.
That the Certificate given to Oborevwori be nullified and issued to him (Pela) as duly elected Governor.
RESOLUTION:
The tribunal held that it doesn’t have the powers to decide the forgery claims by the Petitioners with respect to the Certificates of Oborevwori because the Supreme Court had already decided that.
On the issues of substantial non-compliance, the tribunal held that the Petitioners ought to call witnesses particularly, polling agents who were physically on ground from each and every polling unit to successfully prove non compliance.
The petition was dismissed and Oborevwori re-affirmed as duly elected.
Gbagi v. INEC & 11 Ors (EPT/DT/Gov/2/2023)
In the petition, Gbagi & SDP contended:
That at the time of the election, Oborevwori & Onyeme were not qualified to contest the election in the State.
That Oborevwori did not score majority of lawful votes.
That Oborevwori and all other Candidates in the election were not qualified except the Petitioner (Gbagi).
That he be declared the only qualified Candidate and returned as Governor of Delta State, nullify the certificate of return issued by INEC to Oborevwori and order INEC to issue a fresh certificate of return to him
In the alternative, that a fresh election be conducted due to irregularities and non-compliance to the election guideline on the use of the BVAS.
RESOLUTION:
The tribunal held that there was gross abuse of Court process.
The Petitioners were unable to marshal serious evidence capable of dislodging the victory of Oborevwori. It lacks any scintilla of merit and is accordingly dismissed.
The 3rd Respondent (Oborevwori) is duly returned as declared.
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