The governorship candidate of the Peoples Democratic Party, PDP, Delta State, Mr Sheriff Oborevwori, said the court judgement disqualifying him is a miscarriage of justice.
According to him, the Federal High Court, Abuja, which disqualified him, blundered when it held that he could not clarify differences in his names pointed out by the plaintiff, Olorogun David Edevbie, who lost to him in the party’s May 25 governorship primaries.
The legal team of Oborevwori which is led by Joe Odey Agi, SAN, in a notice of appeal with nine grounds filed at the Court of Appeal, Abuja, last Friday, argued that “The lower court erred when it held inter alia that the first defendant did not explain the discrepancies in his names even though the plaintiff in his further and better affidavit in reply to first defendant’s counter affidavit filed on June 17, 2022.
Oborevwori lawyer Agi, SAN, stated that the discrepancy was explained in attached exhibit P7, which is suit no. FHC/ABK/CS/631/2022, K.O Duke and anor V. Oborevwori Sheriff Francis Orhohwedor and anor wherein the first defendant explained in detail the discrepancy in his name even in a government Gazette.
“The lower court overloaded the admission against interest by the plaintiff in that the basis of his complaint of discrepancies in the name of the first defendant was indeed explained by his own further and better affidavit in reply to the first defendant’s counter affidavit filed on June 17, 2022, attached as exhibit P7.
“The lower court glossed over the germane evidence and placed a burden on the first defendant to again prove admitted facts by both parties. It is trite that facts admitted need no proof.
“The appellant competently discharged the evidential burden of proof when he admitted certificates attached by the plaintiff are his certificates thereby fulfilling the constitutional requirements to contest the office of governor of Delta state.
“The lower court ought to have looked at, utilised and relied on exhibit P7, which is suit no. FHC /ABJ/C5/631/2022, K.O Duke and anor V. Oborevwori Sheriff and anor attached to the plaintiff’s further and better affidavit in reply to the first defendant’s counter affidavit filed on June 17, which are in its file to draw the necessary inferences relating to the said discrepancies,” Oborevwori’s legal team said.
The appeal notice maintained that “further grounds of appeal will be filed upon receipt of the judgment of the court,” adding that “The judgment is against the weight of evidence.”
The legal team further contended that “The trial court erred in law and occasioned a miscarriage of justice against the appellant when he held that the appellant did not meet the constitutional requirement to contest the governorship election of Delta state.
“By section 29(5), the false information capable of disqualifying a candidate must relate to the constitutional requirement to contest the election”, he learned.