DELTA: S’Court throws out SDP candidate, Gbagi’s petition against Gov Oborevwori’s victory

The Supreme Court on Thursday denied an interlocutory appeal filed by Kenneth Gbagi, a Social Democratic Party (SDP) candidate for governor in Delta State’s March 18 election, against the election of Governor Sheriff Oborevwori.

Gbagi, through his legal team led by Chief Adeniyi Akintola, SAN, is challenging the declaration of Oborevwori of the Peoples Democratic Party (PDP) as the legitimate winner of the gubernatorial contest in that state.

He urged the Supreme Court to set aside a ruling that had been rendered against him simultaneously by the Delta State Governorship Election Petition Tribunal and the Abuja Division of the Court of Appeal.

He told the court that the Justice H. C. Ahuchaogu-led three-member panel tribunal, denied him fair hearing, when it refused to admit a vital proof of evidence that he sought to tender in aid of the petition he lodged against governor Oborevwori.

The Appellant maintained that the tribunal, without recourse to the tenets of justice, rejected the document he sought to tender in evidence, among which included a gazette, on the premise that it was not pleaded in the petition.

Chief Gbagi appealed the tribunal’s verdict to the Court of Appeal after being dissatisfied with it, but he also lost.

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While upholding the tribunal’s decision, the appellate court said in a unanimous decision by a three-member panel led by Justice Muhammed Lawal Shuaibu that it was satisfied the petitioner had sought to present new evidence after all parties had concluded their cases and the matter had been reserved for judgement.

Dismissing Gbagi’s application as an abuse of the court process, the appellate court held that the tribunal effectively exercised its discretion, judicially and judiciously.

It held that the SDP candidate failed to show how the gazette he sought to tender in evidence, was relevant to his case.

However, not happy with decisions of both the tribunal and the appellate court, Chief Gbagi lodged the appeal that was dismissed by the Supreme Court on Thursday.

The apex court noted that the 180 days that was statutorily allowed for the tribunal to determine the substantive petition, had since elapsed.

It rejected plea by counsel for the Appellant, who sought to invoke the original jurisdiction of the apex court under section 22 of the Supreme Court Act.

“The period allowed for hearing of this matter has elapsed. If the trial court does not have the jurisdiction again, what it means is that this court cannot wear the shoe of the trial court because the 180 days is gone.

“As it stands, only the final judgement of the tribunal can be appealed. This matter has become academic,” Justice Okoro noted.

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