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.
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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.
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