The Supreme Court has dismissed an appeal by Mr David Edevbie, challenging Hon. Sheriff Oborevwori’s nomination as candidate of Peoples Democratic Party (PDP) in the 2023 governorship election in Delta State.
The apex court on Friday dismissed the appeal for lacking in merit.
Edevbie, a former Delta State Commissioner for Finance, had approached the court to upturn the judgement of the Court of Appeal, sitting in Abuja which sacked him as candidate of the PDP.
Delivering judgement in the appeal, the apex court led by Justice Amina Augie, agreed with the Appellate Court that Edevbie’s case was premature.
The court also held that he failed to prove his allegations of forgery and falsehood beyond reasonable doubt was fatal to the case.
Edevbie, on 23 grounds of appeal, faulted the unanimous decision of the three-man panel of the Court of Appeal led by Justice Peter Ige.
He prayed the apex court to hold that he is the rightful candidate of PDP in the Delta State governorship election slated for March 2023.
The appeal filed by his lawyer, Mr Eko Ejembi Eko,SAN, has Orohwedor, PDP and the Independent National Electoral Commission (INEC) as 1st, 2nd and 3rd respondents.
The Court of Appeal, Abuja Division had restored the Speaker of Delta State House of Assembly, Francis Oborevwori, as the governorship candidate of PDP in the 2023 governorship election in the state.
The judgement of the court voided and set aside the judgement of the Federal High Court which on July 7, 2022 nullified his nomination on ground of certificate forgery and perjury.
Ige, who delivered the judgement of the Appellate Court, held that claims against the speaker were criminal in nature and must be proved beyond reasonable doubts.
The Appellate Court also held that Edevbie, who filed the suit at the Federal High Court, ought to have approached the court via Writ of Summons.
The court said this would enable resolution of disputes and not by originating summons where only affidavit evidence is required.
Ige said the allegations of certificate forgery and faking of documents against the speaker that required witnesses from those who issued the certificates and the alleged fake documents.
The court, therefore, upheld the victory of the speaker at the May 25, 2022 primary election where he polled 590 votes to defeat Edevbie who polled 113 votes.
Ige held that Justice Taiwo Taiwo’s judgement, which upheld certificate forgery against the speaker, was a miscarriage of justice because the criminal allegations were not established as required by law.
