Emily Adams
Sun, Sep 10, 2023 7:25 AM

Delta State Governor Appeals Court Order for Retrial of Election Petition

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Delta State Governor Appeals Court Order for Retrial of Election Petition
Delta State Governor, Hon. Sheriff Oborevwori, has filed a Notice of Appeal at the Supreme Court against the judgment of the Court of Appeal, Abuja. The Court of Appeal had ordered a retrial of the petition filed by the candidate of the Labour Party, Ken Pela, challenging Oborevwori's election as governor. Oborevwori, through his counsel, listed three grounds for his appeal, questioning the decision of the lower court.

Delta State Governor, Hon. Sheriff Oborevwori, has taken his legal battle to the Supreme Court in a bid to challenge the recent judgment of the Court of Appeal, Abuja. The Court of Appeal had directed the Delta State Governorship Election Petition Tribunal to hear the petition filed by the Labour Party's candidate, Ken Pela, who contested the governorship election against Oborevwori.

Oborevwori, through his lead counsel, Mr. Damian Dodo (SAN), has filed a Notice of Appeal at the Supreme Court, outlining three grounds on which he argues that the Court of Appeal erred in ordering a retrial of the election petition.

The judgment of the Court of Appeal, delivered on August 31, faulted the decision of the tribunal to dismiss Pela's petition on the grounds that it was abandoned. The tribunal had claimed that the petitioners' application for a pre-hearing session was not properly filed. However, the appellate court ruled that the petition should be heard on its merits and ordered a retrial at the tribunal within the stipulated time frame set out in the Electoral Act.

In his Notice of Appeal, Oborevwori contends that the lower court made a legal error by allowing the petition to proceed despite the premature filing of the respondents' application for the issuance of a pre-hearing notice. He argued that this constituted a grave miscarriage of justice.

Furthermore, Oborevwori emphasized the mandatory nature of the rules surrounding the procedure for the issuance of a pre-hearing notice, as outlined in Paragraph 18 of the First Schedule to the Electoral Act. He stated that failure to comply with these rules is fatal to the fate of any petition.

Additionally, Oborevwori claimed that the lower court erred by disregarding the Supreme Court's previous ruling in Maku & Anor v. Sule & Ors (2019) and setting aside the tribunal's decision to dismiss the petition. He argued that the lower court should have been bound by the principle of stare decisis and followed the Supreme Court's decision.

By filing the Notice of Appeal, Oborevwori seeks to overturn the judgment of the Court of Appeal and have the Supreme Court affirm the decision of the tribunal to dismiss Pela's petition. The appeal process will now allow for a thorough examination of the legal issues surrounding the election petition and determine its outcome.

The decision of the Supreme Court will have significant implications for the Delta State governorship election and the political landscape of the state. It remains to be seen how the apex court will rule in this contentious legal battle.

Source of content: OOO News 2023-09-10 News

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