Appeal Court adjourns till Aug, 19 to continue hearing on Delta PDP governorship tussle
Appeal Court has ruled to adjourn hearing in the suit filed by Olorogun Sheriff Oborevwori challenging his sacking by a Federal High Court in Abuja, as the Peoples Democratic Party (PDP) governorship candidate in the 2023 General Elections.
The High Court had declared David Edevbie as the authentic winner of the governorship primary conducted by the PDP on the grounds of irregularities in the documents submitted by Oborevwori to the Independent National Electoral Commission (INEC)..
Several motions were filed before the 3-man panel of the appellant court. Among which was a motion for accelerated hearing before the 3-man panel, led by Justice Olabisi Ige.
In their ruling, they decided that hearing in the matter will commence on August 19, 2022, and they have about 60 days for the entire hearing on the matter. That is according to the new INEC electoral act 2022.
Reacting, Counsel to Sheriff Oborevwori, Damian Dodo, said, “I believe the proceedings are going very well.
“This matter is a pre-election matter and is time-sensitive. The constitution has limited time for this matter to be held and disposed of.
“The court has shown great respect for that. The motion on accelerated hearing granted today doesn’t in any way compromise or undermine the motion of stay of execution, which is live and still pending before the hourable court.
“INEC is always handling this matter in a traditional way. INEC will never remove the name of a candidate until the final determination of the court.”
On his part, Counsel to David Edevbie, Eko Ejembi said: “The proceedings are just a dressing, that the order of the lower court is a declaration and it is binding from the day it was issued. David Edevbie should be the only valid candidate.’
“There is no reason INEC shouldn’t obey the judgement. Neither has INEC appealed the ruling. INEC cannot determine which law to obey,” he said.
The Appeal Court has until September 20, 2022, to give a final verdict on the matter.
It would be recalled that Justice Taiwo Taiwo delivered a judgement sacking Sheriff Oborevwori as the Delta PDP Governorship candidate in a FHC/ABJ/795/2022 filed by David Edevbie.
INEC has, however, refused to obey the High Court ruling by substituting Oborevwori’s names with those of Edevbie, but instead has left the column of Delta PDP governorship candidate blank.
It would also be recalled that the Appeal Court, had, penultimate Monday, adjourned hearing till August 8 for further proceedings in the suit filed by sacked Peoples Democratic Party (PDP) governorship candidate in the 2023 General Elections, Sheriff Oborevwori against his disqualification to contest the poll.
Oborevwori has approached the appellant court seeking a Stay of Execution of the order of the Federal High Court in Abuja which declared Olorogun David Edevbie as the lawfully nominated and authentic candidate of the PDP, as well as, an order on the party to forward Edevbie’s name to the Independent National Electoral Commission (INEC), in addition to commanding the commission to accord him the full rights and privileges due to him as the rightful candidate of the party.
However, during the sitting of the court on Monday, August 1, Oborevwori’s lawyers withdrew two of their prayers and the court accordingly struck out prayers 2 and 3 in the appeal case against Olorogun David Edevbie.
The prayers withdrawn include; “An Order for abridging the time to file the Appellant’s Brief of Argument to 3 days and an Order abridging the time to file the Respondent’s Brief of Argument to 7 days from the grant of the order of the Court.”
The court also granted leave to the Applicant (Oborevwori) to effect service of the Notice of Appeal filed on 22 July 2022, Record of Appeal and Motion for Stay of Execution and all other subsequent processes on the 1st Respondent (David Edevbie) by substituted means.
This means by pasting and/or leaving the notices at a conspicuous place at the address of the 1st Respondent.
Following irregularities spotted in the academic qualifications presented to INEC by Oborevwori, his primary elections challenger, Edevbie had approached the High Court seeking disqualification of the former, and his declaration as winner of the PDP governorship primary poll in Delta State.
Presiding judge of the Federal High Court of the Federal Capital Territory (FCT) sitting in Abuja, Justice Taiwo O. Taiwo declared Oborevwori unqualified and ineligible as he could not defend the varied names on virtually all his documents.
Also, Justice Taiwo was unimpressed with his attempts to merely use affidavits and a Deed Poll to cure the various defects about his identity, age and his academic certificates.
