The Delta Election Petition Tribunal on Friday, September 29, dismissed the petition of All Progressives Congress (APC) governorship candidate, Ovie Omo-Agege, in his bid to overturn the March 18 governorship election victory of Governor Sheriff Oborevwori.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
Justice C.H Ahuchaogu, in a four-hour judgement, held that the petitioner was unable to prove the case of substantial non-compliance with the Electoral Act against Governor Oborevwori (second respondent).
Ahuchaogu also ruled that the petitioner failed to prove that Governor Oborevwori was not duly elected by a majority of lawful votes cast.
On the issue of over-voting, Justice Ahuchaogu said while the petitioners pleaded BVAS device/machine in their petition, it did not produce the BVAS machine for a physical examination to prove non-accreditation which allegedly resulted in over-voting.
He 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.”
On corrupt practices, Justice Ahuchaogu said the petitioner failed to prove that the alleged inflation of votes substantially affected the outcome of the election and “resolved it in favour of the respondents.”
He also resolved the issue of the 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, judgement in the petition by the Social Democratic Party (SDP) and Labour Party (LP) are ongoing.
The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209.
______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
ARTIFICIAL INTELLIGENCE FOR LAWYERS: A COMPREHENSIVE GUIDE
Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd
Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria.
Bonus:
Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.
How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com
Ebook Version: Access directly online at: https://selar.com/prv626
________________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
