The Supreme Court on Wednesday fixed Oct. 21 for judgment in an appeal filed by Mr David Edevbie, Delta governorship candidate of the Peoples Democratic Party for the 2023 governorship election.
Edevbie is urging the Supreme Court to uphold the judgment of the Federal High Court which declared him the PDP candidate, Sheriff Orohwedor on his part, is pleading with the Apex Court to endorse the Court of Appeal which voided the decision of the high court.
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, Mr Eko Ejembi Eko,SAN, has Orohwedor, PDP and the Independent National Electoral Commission (INEC) as 1st, 2nd and 3rd respondents, respectively.
The Court of Appeal, Abuja Division had restored the Speaker of Delta State House of Assembly, Francis Oborevwori as the governorship candidate of the Peoples Democratic Party (PDP) in the 2023 governorship election in the state.
The judgment of the Court, voided and set aside the judgment of the Federal High Court which had, on July 7, 2022, nullified his nomination on ground of certificate forgery and perjury.
Justice Ige, who delivered the judgment 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 to enable resolution of disputes and not by originating summons where only affidavit evidence is required.
Justice Ige said, the allegations of certificate forgery and faking of documents against the Speaker were such 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 only 113 votes to come second.
Justice 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)
•PHOTO: Francis Oborevwori and David Edevbie
