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Appeal Court Upholds Dismissal Of Pre-election Suit Against Delta Governor-elect Oborevwori
The Court of Appeal sitting at Abuja, has dismissed a pre-election appeal filed by Chief Ikie Aghwarianovwe, seeking the disqualification of Delta State Governor elect, Rt. Hon. Sheriff Oborevwori.
Chief Ikie had filed a suit sometime in October 2022, alleging that Rt. Hon. Oborevwori submitted false documents to INEC to aid his qualification for 2019 House of assembly election in Delta State.
He further claimed that as a result of the alleged forged documents, Rt. Hon. Oborevwori was not qualified to contest the Delta State 2023 gubernatorial election.
The suit was initially assigned to the Hon. Justice Ekwo of the Federal High Court, Abuja, but subsequently transferred to Asaba, Delta State.
In the course of trial in Delta State, PDP and Rt. Hon. Oborevwori, in addition to denying the allegation of forgery, also raised objection that the suit is statute barred, as documents submitted to INEC in 2018 towards the 2019 general election, cannot be a ground for disqualification of a candidate in 2023.
The trial Court upheld the Defendants’ objection and went further to pronounce that Chief Ikie failed woefully to substantiate the allegations of forgery.
Aggrieved, Chief Ikie appealed to the Asaba Judicial Division of the Court of Appeal Court.
In a unanimous judgment, the Court with the Honourable Justice Peter Olabisi Ige, JCA, sitting at Abuja, delivering the leading judgment agreed with the trial court and resolved all the issues for determination in favour of Rt. Hon. Sheriff Oborevwori.
The Court specifically found that Chief Ikie’s case is moribund and cannot be revived under any guise. The Court of Appeal came down heavily on the Appellant, Chief Ikie, for alleging falsification without calling the institutions that issued the certificates to Rt. Hon. Oborevwori.
On the whole, the Court dismissed the appeal and ordered Chief Ikie to pay costs of 1 million Naira each in favour of PDP and Rt. Hon. Oborevwori.
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