By Mirabel Nyerhovwo
More facts have emerged from the Federal High Court Judgment of Thursday which disqualified the Rt Hon Sheriff Oborevwori from participating in the May 25th Gubernatorial primaries of the PDP which was earlier won by the Speaker with the Court declaring that Chief David Edevbie should be recognized as candidate of the party for the 2023 general elections.
Giving his judgment on Thursday in the suit by David Edevbie challenging the eligibility of Sheriff Oborevwori as PDP candidate, Justice Taiwo Taiwo granted all the prayers of the plaintiff and therefore declared that to the extent of the non-qualification of Oborevwori to participate in the primaries, all the votes credited to him at the primaries were invalid and that the next person with the highest number of votes, which is Chief David Edevbie, be declared winner of the May 25th primary election.
According to the Court, ‘’The 1st defendant Oborevwori have not approach the authority in charge of the certificates submitted by him with an inconsistent names, makes his act fraudulent and unfit to participate in the election according to the supreme court decision on PDP vs EDEMAHIE.
“That the plaintiff has proved his case to stop a person with such character as the defendant from participating in the election. The court is bound by its rulings and the pleading submitted and sort by the parties, the court cannot grant what is not pleaded by the party.
“In accordance with the provision of S 84(3) of electoral act, the court hereby holds that the plaintiff (David Edevbie) is the valid Governorship candidate of the PDP in Delta state and should be accorded the maximum respect”.
The Court granted all the prayers before the court to include: ‘’A DECLARATION that the 1st Defendant is not qualified to participate and/or be declared the winner of the 2nd Defendant’s Delta State Governorship Primary elections which held on 25th May, 2022 for the purpose of electing its candidate or flagbearer in the forthcoming 2023 Gubernatorial Elections in Delta State, scheduled to hold on 11th March, 2023 by the 3rd Defendant.
‘’A DECLARATION that having supplied false information and submitted dubious or forged credentials/certificates in order to participate in and be declared the winner of the 2nd Defendant’s Delta State Governorship Primary elections which held on 25th May, 2022, the 2nd Defendant herein is legally precluded from submitting, forwarding or otherwise transmitting the name of the 1st Defendant to the 3rd Defendant as the candidate or
flagbearer of the 2nd Defendant in the forthcoming Governorship elections in Delta State, now scheduled to hold on 11th March, 2023 by the 3rd Defendant.
‘’A DECLARATION that the Plaintiff who, next to the ineligible and unqualified 1st Defendant, scored the highest number of valid votes cast at the Delta State Governorship Primary elections of the 2nd Defendant which held on 25th May, 2022, ought to and should be returned and declared the winner of the 2nd Defendant’s Governorship Primaries and, accordingly, returned as the candidate of the 1st Defendant for the forthcoming Governorship elections in Delta State scheduled to hold on 11th March, 2023 by the 3rd Defendant.
‘’A DECLARATION that the 3rd Defendant is legally precluded or prohibited from accepting or receiving from, acting on or otherwise recognizing or giving effect to the name of the 1st Defendant as the candidate or flagbearer of the 2nd Defendant for the forthcoming Gubernatorial elections in Delta State now scheduled for 11th March, 2023 by the 3rd Defendant.
‘’AN ORDER of this Honourable Court disqualifying the 1st Defendant from participating as the candidate of the 2nd Defendant in the forthcoming 2023 Gubernatorial elections in Delta state, scheduled for 11th March, 2023 by the 3rd Defendant.
‘’AN ORDER of this Honourable Court commanding, directing or otherwise mandating the 2nd and 3rd Defendants to replace, forthwith, the name of the 1st Defendant with that of the Plaintiff as the lawful candidate of the 2nd Defendant for the forthcoming Gubernatorial elections in Delta State, now scheduled for 11th March, 2023 by the 3rd Defendant’’.
As things stand, Chief David Edevbie is the PDP candidate for the 2023 gubernatorial election in Delta State.
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