2023: Court of Appeal, Asaba dismisses case against Oborevwori
By ABIRHIRE THOMAS
The Court of Appeal, Asaba Division, On Wednesday, October 5th, 2022, dismissed a Pre – Election Matter against the Speaker of the Delta State House of Assembly, National Deputy Chairman of the Conference of Speakers of State Legislatures of Nigeria and State PDP Governorship Candidate for the 2023 general elections, Rt Hon Sheriff Oborevwori.
The Suit No: CA/AS/235/2022; between : Chief Ikie Aghwarianovwe V Versus PDP, Rt Hon Sheriff Oborevwori and eight others.
It was an appeal against the judgment of the Federal High Court, sitting in Warri, which was delivered on the 29th July, 2022, in favour of the 1st- 9th defendants, now respondents and the matter came up for judgment at the Court of Appeal, Asaba Division, on Wednesday.
When Case was called, Appellant was absent in court. 1st – 9th respondents not in court.
BLESSING UMEOKAFOR, for the appeallant. E. OHWOVORIOLE SAN, AYO ASALA SAN for the 1st- 9th respondents, with them; O.S ONORIOSE, C.O. OKONKWO ESQ, T.F. DOIGBAGHA ESQ & C.G. ONYENACHI (MISS).
The presiding justice, Hon. Justice Agube JCA, and Hon Justice BOLAJI YUSUF JCA. Hon Justice BOLAJI YUSUF read the lead judgment.
The Court of Appeal, Asaba struck out the appeallant brief of argument having being filed out of time as provided by the Practice Direction on Pre election matters.
On the substantive issue, the court expressed it’s displeasure at the appeallant for bringing such a frivolous suit against the second respondent having scored zero vote at the gubernatorial primary election, saying he ought to have gone home and restrategise and instead he brought such an absurd suit to waste the precious time of the court and waste public fund.
Justice Bolaji Yusuf in reading the lead judgment said there was no issue of over voting at the 1st respondent primary election, and that the 1st respondent Constitution and guideline provides for 25 national delegates to also vote outside the 3man ad hoc delegates that voted.
And hence, the appeal was dismissed, and the sum of #9,000,000 was Awarded against the appeallant in favour of each of the 1-9 respondents.
