The Supreme Court, on Friday, affirmed the election victory of Governor Sheriff Oborevwori of Delta State.
In a unanimous decision, a five-member panel of the apex court dismissed an appeal the All Progressives Congress, APC, and its candidate, Senator Ovie Omo-Agege, filed to challenge the outcome of the governorship election that was held in the state on March 18, 2023.
The court, in its lead judgment that was delivered by Justice Inyang Okoro, held that the appeal lacked merit.
It held that the APC and its candidate did not prove that the election was not conducted in substantial compliance with provisions of the Electoral Act 2023.
The court dismissed Omo-Agege’s contention that some of the result sheets that the Independent National Electoral Commission, INEC, relied upon to declare Oborevwori as the winner of the election, did not have serial numbers.
According to the court, even if the total number of INEC forms that the Appellants complained about are removed, it would still not affect the margin of lead that was in Oborevwori’s favour.
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It held that the Appellants failed to discharge the burden of proof placed on them by the law to warrant the setting aside of both the Court of Appeal judgement and the verdict of the Delta State Governorship Election Petitions Tribunal.
Consequently, it dismissed the petition without cost.
It will be recalled that INEC declared that Oborevwori of the PDP polled 360, 234 votes to win the governorship election ahead of Omo-Agege of the APC who secured 240, 229 votes.
However, dissatisfied with the result, Omo-Agege, who is the immediate past Deputy President of the Senate, approached the court to nullify the outcome of the election.
Earlier the apex court had thrown out the appeal filed by Ovie Omo-Agege against Governor Sheriff Oborevwori of Delta State.
Candidate of the All Progressives Congress (APC), Ovie Omo-Agege; candidate of the Social Democratic Party (SDP), Kenneth Gbagi and Labour Party’s Ken Pela challenged the outcome of the election.
At the time of filing this report, the Supreme Court has also dismissed the appeal filed by candidate of the Social Democratic Party (SDP), Kenneth Gbagi.