The Delta State Governorship Election Petition Tribunal has dismissed the suit filed by All Progressives Congress, APC, candidate, Senator Ovie Omo-Agege, against the election of Governor Sheriff Oborevwori.
The tribunal also dismissed the petition filed against Oborevwori’s election by Social Democratic Party, SDP, candidate, Barr. Kenneth Gbagi.
The tribunal, headed by Justice C.H Ahuchaogu, in a four hour judgement, said the petitioner failed to prove the allegation that the election was not conducted in compliance with the Electoral Act.
The tribunal also held that the petition did not produce BVAS machines to prove the allegation of over-voting in the election.
Justice Ahuchaogu said, “In line and obedience to the Supreme Court decision, we agree with the counsels of the second and third respondents that to prove over-voting, the petitioner must tender the BVAS machine and not the backend servers.
“Flowing from the deposition by the apex court, the reliance on information transmitted to INEC’s backend server in Abuja on March 18 cannot be relied upon.
“Non-compliance cannot be said to be manifestly shown on the face of backend server reports which has been conclusively held to be inadmissible in evidence and incapable of proof of over-voting.
“In sum, we find and hold that no prima facie case touching on non-accreditation or over-voting has been made out.”
Justice Ahuchaogu further held that the petitioner failed to prove that the alleged inflation of votes substantially affected the outcome of the election.
He also resolved the issue of alleged cancellation of Bowen Ward 6 in Warri South against the petitioner.
He ruled, “We affirm the return and declaration of the second and third respondents as the winner of the Delta State Governorship Elections held on March 18th, we hereby hold.”
Meanwhile, the gubernatorial candidate of the APC and former Deputy President of the Senate, Senator Ovie Omo-Agege, has directed his legal team to immediately proceed with an appeal against the judgment.
In a statement signed by his Media Adviser, Sunny Areh, Omo-Agege said the tribunal failed to reckon with the fundamental flaws in the March 18, 2023 governorship election that mortally rendered the declaration of the PDP as the winner untenable.
“It is a no brainer that the Tribunal operated under a very challenging environment.
” It therefore ignored the unassailable evidence adduced to question the validity of lawful votes as declared by the Independent National Electoral Commission (INEC).
“I respect the decision of the Tribunal, but it is flawed. I have no doubt that these flaws which the Tribunal failed to address will be dispassionately evaluated at the Court of Appeal.
“I have, therefore, directed my legal team to immediately proceed to the Court of Appeal and continue with the fight to restore the sanctity of the people’s vote”, Senator Omo-Agege stated.
Similarly, the governorship candidate of Social Democratic Party, SDP, Barr. Kenneth Gbagi, rejected the judgement of the tribunal.
Gbagi described the judgement as miscarriage of justice, insisting that he will exhaust every legal process available to him.
Speaking through his Chief Press Secretary, Kenneth Orusi, on Friday, Gbagi disagreed with the judgement.
While noting that the tribunal was the ultimate authority in the matter at the state level, he opined that, the responsibility now rests with the Appeal Court, which he said he has confidence in.
He said, “I urge Deltans to maintain their focus, steadfastness and commitment to peaceful processes. This matter has not yet reached its logical conclusion. I reject the judgement in its entirety, Delta State must be liberated.”
The former Minister of State for Education revealed that his legal team had already received firm instructions to file an appeal against the tribunal’s decision.
He expressed unwavering determination in his pursuit of justice, not only for himself but also for the multitude of supporters and Deltans in general whose electoral mandate he said was unjustly thwarted by the Independent National Electoral Commission, INEC, in the March 18th election.
As at the time of filling this report, the tribunal is delivering judgements in petitions filed by the SDP and Labour Party.
Delta guber poll: Tribunal dismisses Omo-Agege, Gbagi’s petitions