The Delta Election Petition Tribunal yesterday dismissed the petition of (APC governorship candidate, Senator Ovie Omo-Agege.
Omo-Agege had approached the tribunal in his bid to overturn the March 18 governorship election victory of the state governor, Sheriff Oborevwori.
The APC candidate’s prayers were non-compliance with the Electoral Act, winner not duly elected by majority of lawful votes cast, voiding the election of the second respondent and return of certificate of return.
Justice C.H Ahuchaogu, in a four hour judgement, apart from ruling that the petitioner failed to prove that Governor Oborevwori was not duly elected by majority of lawful votes cast, held that the petitioner was unable to prove the case of substantial non compliance with the Electoral Act against Governor Oborevwori.
He said, “In line and obedience to the Supreme Court decision, we agree with the counsel of the second and third respondents that to prove over voting, the petitioner must tender the BVAS machine and not the backend servers.
“Flowing from the deposition by the apex court, the reliance on information transmitted to INEC’s backend server in Abuja on March 18 cannot be relied upon. Non compliance cannot be said to be manifestly shown on the face of backend server reports which has been conclusively held to be inadmissible in evidence and incapable of proof of over voting. In sum, we find and hold that no prima facie case touching on non accreditation or over voting has been made out.”
