Justice Taiwo Taiwo of the Abuja Division of the Federal High Court, yesterday, ordered the Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP) to recognise Mr. Olorogun Edevbie as candidate of the PDP in the 2023 governorship election in Delta State.
The judge subsequently disqualified the speaker of the state house of assembly, Mr. Sheriff Oborevwori, who was declared as winner of the May 25, 2022 governorship primary election.
The court held that Oborevwori lacked the legal competence to participate in the election.
The verdict followed a suit that Edevbie was brought before the court.
Defendants in the suit marked FHC/ABJ/CS/795/2022 were Oborevwori, PDP and INEC as 1st, 2nd and 3rd respondents respectively.
Oborevwori had used the names Oborevwori Sheriff Francis Orohwedor interchangeably in his certificates submitted to INEC.
Among the reliefs sought by the litigant were the declaration that “Oborevwori is not qualified to participate and/or be declared the winner of the PDP Delta State governorship primary elections, which held on May 25, 2022 for the purpose of electing its candidate or flag bearer in the forthcoming 2023 gubernatorial elections in Delta State, scheduled to hold on March 11, 2023 by the 3rd defendant.
“A declaration that having supplied false information and submitted dubious or forged credentials/certificates in order to participate in and be declared the winner of the 2nd defendant’s Delta State governorship primary elections, which held on 25th May, 2022, the 2nd Defendant herein is legally precluded from submitting, forwarding or otherwise transmitting the name of the 1st Defendant to the 3rd defendant as the candidate or flag bearer of the 2nd defendant in the forthcoming governorship elections in Delta State, now scheduled to hold on March 11, 2023 by the 3rd defendant.
“A declaration that the plaintiff who, next to the ineligible and unqualified 1st defendant, scored the highest number of valid votes cast at the Delta State Governorship primary elections of the 2nd defendant which held on 25th May, 2022, ought to and should be returned and declared the winner of the 2nd defendant’s governorship primaries and, accordingly, returned as the candidate of the 1st defendant for the forthcoming Governorship elections in Delta State scheduled to hold on 11th March, 2023 by the 3rd defendant.
“A declaration that the 1st defendant should and ought to be prohibited, inhibited, prevented or otherwise restrained from holding out, parading and or advertising himself as the candidate of the 2nd defendant for the forthcoming gubernatorial elections in delta state scheduled to hold on 11th March, 2023 by the 3rd defendant.
“A declaration that the 3rd defendant is legally precluded or prohibited from accepting or receiving from, acting on or otherwise recognizing or giving effect to the name of the 1st defendant as the candidate or flag bearer of the 2nd defendant for the forthcoming gubernatorial elections in Delta State now scheduled for 11th March, 2023 by the 3rd defendant.
“An order of this honourable court disqualifying the 1st Defendant from participating as the candidate of the 2nd Defendant in the forthcoming 2023 gubernatorial elections in Delta state, scheduled for 11th March, 2023 by the 3rd defendant.
“An order of this honourable court commanding, directing or otherwise mandating the 2nd and 3rd Defendants to replace, forthwith, the name of the 1st Defendant with that of the Plaintiff as the lawful candidate of the 2nd defendant for the forthcoming gubernatorial elections in Delta State, now scheduled for 11th March, 2023 by the 3rd defendant.”
In his judgement, Taiwo agreed with the plaintiff that Oborevwori, ought not to have been on the 2023 governorship election for the PDP on account of allegedly supplying false and forged documents to INEC in aid of his qualification for the governorship election.
Consequently, he directed INEC and the PDP to recognise the plaintiff as candidate of the PDP in the 2023 governorship election in the state.
While Oborevwori was sponsored by the incumbent governor, Dr Ifeanyi Okowa, Edevbie was the preferred candidate of the former governor, Mr. James Ibri