Ibekimi Oriamaja reporting for TrackNews
Delta Speaker Sheriff Oborevwori has filed an appeal in Abuja against a Federal High Court decision that nullifies his nomination as the Peoples Democratic Party (PDP) governorship candidate in the state.
In a nine-ground notice of appeal filed on Friday, Oborevwori requests that the appellate court vacate the judgment rendered by Justice Taiwo Taiwo in David Edevbie’s FHC/ABJ/795/2022 suit.
In addition, he has filed a notice motion with the Federal High Court in Abuja, requesting that the judgment be stayed pending the outcome of his appeal.
He claims that Justice Taiwo made a legal error by assuming jurisdiction to hear the plaintiff’s claim under Section 29(5) of the Electoral Act of 2022 before submitting his (the appellant’s) name to the Independent National Electoral Commission (INEC).
Oborevwori chastised the trial judge for allegedly ignoring the Supreme Court’s decision in Modibbo vs Usman (2020) 3 NWLR (PT. 1712) 470, in which he claimed the apex court held that Section 29(5) of the Electoral Act, 2022, which is the same as Section 31(5) of the Electoral Act, 2010, has established the law that a cause of action arises only when a candidate’s name
He added: “The trial Judge side tracked the decision of the Supreme Court and Court of Appeal contrary to the established doctrine of stare decisis and by his decision overruling the Supreme Court and the Court of Appeal.
“The first respondent (Edevbie) on oath admitted that the name of the appellant was yet to be submitted and the trial court held that the first respondent by law, need not wait for the publication of the name of the appellant by INEC,” he said.
Oborevwori 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 further contended that the trial judge misdirected himself in law when be agreed with Edevbie that he (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.
Oborevwori is of the view that the constitutional requirement of Sections 177(a)and 182(1)(J) of the 1999 Constitution could only occur upon presentation of forged certificate to INEC and no other body or person, which has not occurred in his case.
He added: “The reliance on the documents of the appellant presented in the year 2018 to INEC for the election to the House of Assembly of Delta State or submission of documents to the PDP on April 30, 2022 as held by the court makes mockery of the law as any of those acts took place way after 14 days of the filing of the suit contrary to Section 285(14) of the 1999 Constitution, and is statute barred.”
He also faulted the trial judge for holding that he did not challenge the averment that his certificate is forged and that he is deemed to have admitted same.
“The burden of proving declaratory reliefs is on the plaintiff and not on the weakness of the case of the defendant. Even where the defendant admits, the burden still lies on the plaintiff to prove same,” he said.
The appellant argued that the trial judge erred in law and occasioned grave miscarriage of justice on him when he held that Edevbie has proved his case and therefore entitled to judgment.
He added that Edevbie, who alleged that he made false deposition and presented forged documents in order to participate the PDP governorship primaries, ought to have been required to prove such criminal allegation beyond reasonable doubt.
