The Supreme Court of Nigeria, has rejected an appeal presented by Chief Kenneth Gbagi against Delta State Governor, Rt Hon Sheriff Oborevwori. The court characterized this appeal as futile, devoid of practical significance, and merely an academic exercise.
Gbagi, who ran as a governorship candidate for the Social Democratic Party (SDP), had initially filed the appeal to challenge the decisions of the Election Petition Tribunal and the Court of Appeal, both of which refused to admit new evidence that had not been included or presented during the trial.
Gbagi asserted that he had discovered fresh evidence to substantiate his claims, and he sought to reopen his case on the day designated for the final submission of written arguments at the Governorship Election Tribunal in Asaba.
However, the Tribunal dismissed his application on the grounds that it was inappropriate, untimely, and unorthodox since the document he intended to introduce had not been included in his original petition. Subsequently, the Tribunal proceeded to conclude the hearing of the Petition, ultimately concluding that Gbagi’s assertion of being the election’s victor was entirely baseless.
Moreover, the Tribunal dismissed Gbagi’s assertion that Governor Sheriff Oborevwori was ineligible to run in the election. Dissatisfied with the Tribunal’s decisions, Gbagi appealed the denial of his application to reopen his case.
The Court of Appeal, in its judgment, affirmed the Tribunal’s refusal to reopen the case. Nevertheless, Gbagi persisted and brought the matter to the Supreme Court, challenging the Court of Appeal’s decision.
Representatives from the PDP, Ekeme Ohwovoriole, SAN, and Ayo Asala, SAN, who were representing Governor Oborevwori, argued that the appeal lacked merit due to the dissolution of the tribunal.
In a unanimous decision handed down by Justice John Inyang Okoro, the Supreme Court decreed that the appeal was an exercise in futility. The court noted that the 180-day period allocated for the Petition’s hearing had expired, and there was no longer a functioning tribunal to even consider the appeal, given the dissolution of the tribunal.
The provided information is intended for general awareness and may not be entirely accurate or up-to-date. The post disclaims any warranties regarding the completeness, accuracy, or reliability of the content, services, or graphics on the website. It advises caution when using the information for any purpose.