Delta 2023: PDP candidate, Oborevwori, challenges disqualification judgement at Appeal Court

The governorship candidate of the Peoples Democratic Party (PDP) in Delta State, Rt. Hon. Sheriff Oborevwori, Speaker of the Delta State House of Assembly, has challenged the judgment of a Federal High Court in Abuja presided by Justice Taiwo Taiwo, that disqualified him as the PDP candidate for the 2023 elections.

Oborevwori in a nine ground notice of appeal, requested the  Court of Appeal to set aside the judgment delivered by Justice Taiwo Taiwo of a Federal High Court, Abuja.

The Speaker also filed a motion on notice before the Federal High Court, Abuja, seeking stay of execution of the judgment pending the determination of his appeal.

Oborevwori in the appeal argued, among other issues, that Justice Taiwo misdirected himself in law when he assumed jurisdiction to entertain the claim of the plaintiff, based on Section 29(5) of the Electoral Act, 2022 before submission of his name (the appellant’s) to the Independent National Electoral Commission (INEC).

Oborevwori disagreed with the trial judge, who he said, ignored the judgment of the Supreme Court in the case of Modibbo Vs Usman (2020) 3 NWLR (PT. 1712) 470, in which the apex court held that Section 29(5) of the Electoral Act, 2022 which is the same with Section 31(5) of the Electoral Act, 2010 has settled the law that cause of action only arises when the name of a candidate is submitted and published by INEC.

The speaker, therefore, argued that it is the law that information about a candidate’s qualification could only be challenged after the political party sponsoring the candidate submits the name and INEC publishes the name and the accompanying affidavit. He contested that the trial judge misdirected himself in law when he agreed with Edevbie (appellant) failed to meet the constitutional requirement of sections 177(a) and 182(1) J of the 1999 Constitution and that his certificates were forged.