BREAKING: Supreme Court Dismisses Appeal (DETAILS)

BREAKING: Supreme Court Dismisses Appeal (DETAILS)

The Supreme Court has dismissed an appeal filed by Kenneth Gbagi, the Delta State governorship candidate of the Social Democratic Party (SDP), against Governor Sheriff Oborevwori of the Peoples Democratic Party (PDP).

This appeal stemmed from a petition Gbagi filed at the Delta State Governorship Election Petition Tribunal contesting Oborevwori’s victory in the March 18 governorship election.

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However, it’s important to note that this appeal does not challenge the final decision of the tribunal. Rather, it focuses on a specific issue regarding the tribunal’s refusal to admit certain evidence that Gbagi sought to present against Oborevwori.

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The Court of Appeal in Abuja had previously affirmed the tribunal’s decision on this legal point, prompting Gbagi to further appeal to the Supreme Court.

A five-member panel led by Inyang Okoro at the Supreme Court ultimately dismissed the appeal after Gbagi’s legal team was persuaded of the futility of pursuing the case.

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The panel raised questions about the jurisdiction of the Supreme Court to hear the appeal, considering that the statutory period of 180 days for the tribunal to determine the substantive petition had elapsed. Mr. Okoro emphasized that only the final judgement of the tribunal could be appealed.

In light of this, Gbagi’s lawyer applied to withdraw the appeal, and with no objection from the other parties, the Supreme Court formally dismissed the appeal.

Following the conclusion of the tribunal’s hearing on Gbagi’s petition, he sought to introduce new evidence on the date set for the adoption of final written addresses. However, the tribunal dismissed this application on the grounds of incompetence, belatedness, and the fact that the document wasn’t included in his initial petition.

The tribunal subsequently ruled that Gbagi’s petition claiming victory in the disputed election was without merit and also rejected his assertion that Governor Oborevwori was ineligible to run.

Gbagi appealed the tribunal’s decision to the Court of Appeal, arguing that the tribunal had unjustly rejected his new proof of evidence, which included a government gazette. He contended that the tribunal didn’t consider the justice of the case. However, the Court of Appeal upheld the tribunal’s ruling, stating that Gbagi’s application was an abuse of court process.

Unsatisfied, Gbagi proceeded to the Supreme Court, which, as of Thursday, has also dismissed his appeal. With this ruling, Gbagi’s remaining option is to pursue his substantive appeal against the final judgement of the tribunal.

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