The Speaker of the Delta State House of Assembly, Sheriff Oborevwori has appealed the judgment by a Federal High Court in Abuja which disqualified his nomination as the governorship candidate of the People’s Democratic Party (PDP) in the state.
In a 9 ground notice of appeal, Mr Oborevwori wants the appellate court to set aside the judgment delivered by Justice Taiwo Taiwo.
He has also filed a motion on notice before the Federal High Court in Abuja for stay of execution of the judgment pending the determination of his appeal.
He is contending among others, that Justice Taiwo misdirected himself in law when he assumed jurisdiction to entertain the claim of the plaintiff, predicated on Section 29(5) of the Electoral Act, 2022 before submission of his name (the appellant’s) to the Independent National Electoral Commission (INEC).
Mr Oborevwori faulted the trial judge for allegedly ignoring the decision of the Supreme Court in the case of 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 with Section 31(5) of the Electoral Act, 2010 has settled the law that cause of action only arises when the name of a candidate is submitted and published by INEC.
Mr 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 Mr Edevbie (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.
