The Supreme Court on Wednesday fixed October 21,2022 to decide between Olorogun David Edevbie and Mr. Sheriff Oborevwori who is the rightful governorship candidate of People Democratic Party (PDP), in Delta State in forthcoming election.
Sheriff Oborevwori won the PDP primary election conducted on May 28 with 500 votes while Olorogun David Edevbie came distant second with 100 votes.
But, Edevbie went to the Federal Court Abuja and asked the court to disqualify Oborevwori on the ground that he submitted false certificates that enabled him contest the election. The Federal High Court that there was discrepancy in certificate submitted by Oborevwori and Consequently disqualified him and declared Edevbie winner of the primary and governorship candidate of PDP.
Dissatisfied, Oborevwori appealed the judgment . The Court of Appeal Abuja upturned the decision of the lower and restated Oborevwori as governorship candidate of PDP in Delta State.
Not satisfied with Court of Appeal decision, Edevbie had approached the Supreme Court seeking to reverse the decision.
Adopting his brief of arguments and all other processes on Wednesday Tayo Oyetibo SAN, urged the Supreme Court to allow the appeal as Oborevwori had not denied the discrepancy in his falsified certificate submitted to the electoral body in aid of his candidature for the election.
He asked the apex court to hold that the Court of Appeal was wrong when it held that the suit was premature and that it was not properly commenced. He said that the court of appeal went into error because “It didn’t take into consideration the relief sought by the plaintiff”.
On his part, Oborevwori through his lawyer, Damien Dodo SAN , urged the court to dismiss the appeal for lacking in merit.
He said the appellant / plaintiff commenced the suit and alleged criminal falsification of certificate wrongly with originating summons instead of writ of summons. According to counsel crime of that nature must be proved beyond reasonable doubt .In this case the appellant ought to call witnesses not just deposed to an affidavit alleging crime with out witnesses.
Dodo further argued that the action of the appellant was premature as he ought to have obtained the said Oborevwori false certificates from INEC not the PDP.
Thirdly, that the appellant did not seek relief declaring the said certificate illegal, null and void .