The Court of Appeal, Abuja Division has set aside the judgment of Justice Taiwo Taiwo of the Federal High Court, Abuja, which ordered the Independent National Electoral Commission and the PDP to recognise Olorogun David Edevbie as the candidate of the PDP in the 2023 governorship election in Delta state.
Justice Taiwo had disqualified Sheriff Oborevwori, as governorship candidate of PDP in the state.
Oborevwori, who is the speaker of the Delta State House of Assembly won the May 25, 2022, primary election of the PDP.
The trial judge had agreed with the plaintiff in the suit, Edevbie, that Oborevwori ought not to be on the ballot for the PDP primary election on account of supplying false and forged documents to the INEC in aid of his qualification for the governorship election.
Not satisfied with the judgement of the Federal High Court, Oborevwori and the PDP headed to the Court of Appeal to seek redress.
While delivering judgment on the appeal, the appellate court led by Justice Peter Ige, in a unanimous decision held that Oborevwori’s appeal was “meritorious” and subsequently allowed the same.
The Appeal Court held that the 1st respondent (Edevbie) made allegations deeply rooted and founded on criminality at the trial court which must be proven “beyond reasonable doubt” by calling oral evidence and not affidavit evidence alone.
Justice Ige in a lead judgment held that allegations of commission of forgery of certificates and discrepancies in credentials allegedly committed by the appellant are ones that cannot be proven on affidavit evidence.
The court said based on the seriousness of the criminal allegations, “it behoves on the 1st respondent to prove the certificate forgery allegations against the appellant, noting that the 1st respondent did not file a further affidavit when the appellant frontally denied the allegations.
