The Supreme Court dismissed an appeal filed by a faction of the state party against the Delta State House of Assembly Speaker in a unanimous decision by a five-man panel led by Justice Amina Augie.
In an earlier appeal, the faction led by a governorship aspirant, Olorogun Edevbie, alleged that Oborevwori submitted false and forged documents to the PDP in support of his qualification to contest the March 11, 2023 election.
He told the court that whereas Oborevwori had in an affidavit he deposed to, claimed that 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.
However, the Appellant insisted that all the documents Oborevwori tendered to his party, in support of his qualification to contest the election, did not match his name at birth.
Besides, Edevbie, contended that the case provided a unique opportunity for the Supreme Court to make a pronouncement on “the new legal regime introduced by section 29(5) of the Electoral Act, 2022”.
According to him, the section provided that any aspirant that participated in the primary of a political party and has reasonable ground to believe that any information given by his political party’s candidate, in relation to the constitutional requirement for qualification for the election was false, could approach the court to challenge the eligibility of such candidate.
The Supreme Court, however, on Friday held that allegations the Appellant raised before it was rooted in criminality and therefore ought to be proved beyond a reasonable doubt.
It noted that in view of “sundry allegations of fraud, false representation and forgery of documents” raised against Oborevwori, the Appellant, ought to have commenced his action through a Writ of Summons that would have allowed the trial court to adjudge the matter through oral and documentary evidence.
It held that Edevbie’s allegations against Oborevwori could not be resolved through affidavit evidence or Originating Summons.
More so, the apex court, held that Edevbie’s case was premature as PDP had not submitted Oborevwori’s name to the Independent National Electoral Commission, INEC, before he filed the suit.
“Only upon the submission of particulars of a candidate to INEC by a political party will a cause of action crystallize”. In its lead judgement that was delivered by Justice Tijjani Abubakar, the apex court said it saw no reason to set aside the Court of Appeals verdict that earlier upheld Oborevwori’s nomination.
“In conclusion, I found no merit in this appeal and it is accordingly dismissed”, Justice Abubakar held.
