In a unanimous judgment delivered Friday, the apex Court dismissed for lacking in merit the appeal by Olorogun Edevbie, an aggrieved governorship aspirant of the PDP Delta State. 

 

The lead judgment read by Justice Tijani Abubakar on behalf of a five-member Justice Panel headed by Justice Amina Augie, affirmed the Appeal Court decision of 29 August 2022 which vacated the judgement of the Federal High Court in Abuja that directed INEC to recognise Edevbie as the candidate of the PDP for the election. 

 

The Apex Court further held that the high court wrongly relied on Originating Summons and affidavit evidence Edevbie brought before it to disqualify Oborevwori on the premise that he tendered forged certificates to the PDP. 

 

It stressed that in view of the contentious nature of the allegations which are criminal they ought to have been proved beyond reasonable doubt at the trial court.

 

The Apex Court stated that the appellant headed to the trial Court too early to make a case on certificate forgery, whereas he should have waited till after INEC had published the name of the candidate who allegedly used forged documents, in order to get proper cause of action.