The Supreme Court on Wednesday fixed October 21 for judgement in an appeal filed by David Edevbie, Delta governorship candidate of the Peoples Democratic Party for the 2023 governorship election.

While Mr Edevbie is urging the Supreme Court to uphold the judgement of the Federal High Court, which declared him the PDP candidate. Sheriff Oborevwori, on his part, is pleading with the Apex Court to endorse that of the Court of Appeal, which voided the decision of the high court.

Mr Edevbie, on 23 grounds of appeal, faulted the entire unanimous decision of the three-man panel of the Court of Appeal led by Justice Peter Ige and asked the apex court to hold that he is the rightful candidate of the PDP in the Delta State governorship election slated for February 2023.

The appeal filed by his lawyer, Eko Ejembi Eko, SAN, has Mr Oborevwori, PDP and the Independent National Electoral Commission (INEC) as first, second and third respondents, respectively.

The Court of Appeal, Abuja Division, had restored Mr Oborevwori, the speaker of Delta State House of Assembly, Francis Obor, as the governorship candidate of the PDP.

The court’s judgement voided and set aside the judgement of the Federal High Court, which had, on July 7, 2022, nullified his nomination on grounds of certificate forgery and perjury.

Justice Ige, who delivered the appellate court’s judgment, held that claims against the speaker were criminal in nature and must be proved beyond a reasonable doubt.

The appellate court also held that Mr Edevbie, who filed the suit at the Federal High Court, ought to have approached the court via a writ of summons to enable the resolution of disputes and not by originating summons where only affidavit evidence is required.

Mr Ige said the allegations of certificate forgery and faking of documents against the speaker were such that they 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 Mr Edevbie, who polled only 113 votes to come second.

Mr Ige held that Justice Taiwo Taiwo’s judgment, which upheld certificate forgery against the speaker, was a miscarriage of justice because the criminal allegations were not established as required by law. 

(NAN)