The Appeal Court in Abuja has affirmed Sheriff Oborevwori as the governorship candidate of the Peoples Democratic for the 2023 election in Delta State.
This is as the court nullified the judgement of the Federal High Court, Abuja, which declared Olorogun David Edevbie as the authentic governorship candidate of the PDP in its July 7 ruling.
The latest development followed an appeal by the Delta Assembly speaker challenging the judgement delivered by Justice Taiwo O. Taiwo.
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The appeal court ruled that;
1. Allegations of fraud such as fake documents can not be resolved by originating summon.
2. Case of forgery cannot be decided by affidavit evidence.
3. The court just held that the suit ought to have been commenced by writ of summons and not originating summons.
4. The court has also held that since the matter is founded on the presentation of forged documents will require the calling of witnesses.
5. The court also held that the cause of action David has not crystalised for the court to assume jurisdiction.
6. Originating summon was wrongly done.
7. Lower court had no jurisdiction to entertain the suit
8. Issue one is resolved in Favour of the appellant.
9. Edevbie’s case was not ripe because Sheriff’s name has not been sent to INEC.
