The Appeal Court sitting in Abuja has nullified the judgement of the Federal High Court, Abuja, declaring Olorogun David Edevbie as the lawful and authentic governorship candidate of the Peoples Democratic Party, PDP, in Delta State for the 2023 general elections.
The ruling of the Appellate Court was sequel to an appeal filed by Chief Sheriff Oborevwori and the PDP, challenging the judgement of the Federal High Court delivered by Justice Taiwo O. Taiwo.
The appeal court, while delivering judgement made the following assertions.
1. Allegations of fraud such as fake documents cannot be resolved by originating summon.
2. Case of forgery cannot be decided by affidavit evidence.
3. The court just held that the suit ought to have been commenced by writ of summons and not originating summons.
4. The court has also held that since the matter is founded on presentation of forged documents will require calling of witnesses.
5.The court also held that the cause of action of David has not crystalize for the court to assume jurisdiction.
6.Originating summon was wrongly done.
7. Lower court had no jurisdiction to entertain the suit
8. Issue one is resolved in Favour of the appellant.
9.Edevbie’s case was not ripe because Sheriff’s name has not been sent to INEC.
10.The court has further held the right of David to approach the court can only accrue when INEC publishes the personal particulars of Sheriff
11.The court has held that the Federal Court misconstrued the provisions of Section 29 of the Electoral Act. The reasoning of the Federal High on the interpretation of Section 29 is erroneous.
12.The judgement of the learned trial court is erroneous and is null and void as it was done without jurisdiction.
13.The judgment of the learned trial court is erroneous and is null and void as it was done without jurisdiction.