Appeal Court Dismisses Ogboru’s Appeal, Upholds Okowa’s Victory As Delta Governor

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A file photo of the Court of Appeal in Abuja

 

The Court of Appeal in Abuja has dismissed the case filed by the candidate of the All Progressives Congress (APC), Great Ogboru on the March 2019 Governorship Elections in Delta state for lacking in merit.

A unanimous decision by a panel of five justices affirmed the decisions of the tribunal which upheld the victory of Ifeanyi Okowa as Governor of the state.

Mr. Ogboru had approached the appellate court in a bid to upturn the September judgement of the elections tribunal that dismissed its petition seeking the cancellation of the March 2019 elections in which Okowa was declared a winner for lacking in merit.

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The APC candidate who appealed on 37 grounds stated that the tribunal erred on the point of law.

He contended that the total number of votes declared for the PDP candidate outnumbered the total number of accredited voters during the elections.

But the appeal court ruled in favour of the respondent, Ifeanyi Okowa on the ground that the appellant is unable to prove the case.

The panel also held that the appellant was unable to mention at least one accredited voters who did not vote in the election, nor was he able to call at least an agent of the political party who on the point of law is the most qualified person to testify in a case of over-voting.

The court, however, dismissed the entire appeal for lacking in merit.

It affirmed the decisions of the tribunal which upheld the victory of Ifeanyi Okowa in the March 2019 governorship election.

No cost was however awarded against the appellant.

Delta Election: Court Reserves Ruling In Appeal Filed By APC’s Great Ogboru

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The Court of Appeal sitting in Abuja has reserved judgment in the appeal filed by the candidate of the All Progressive Congress, Chief Great Ogboru, against the election of Senator Ifeanyi Okowa as the Governor of Delta State.

A five-man panel of the court led by Justice Uzo Ndukwe-Anyanwu, reserved judgment on Monday after the lawyers to the parties in the appeal adopted and argued their final briefs.

Chief Ogboru is seeking a reversal of the decision of the Delta State governorship election petition tribunal which returned Senator Okowa as the winner of the March 9 governorship election.

He had raised 37 appeals through his lawyer, Mr Nicholson Ichekor, upon which he is asking the court of appeal to set aside the entire judgment of the tribunal.

The APC candidate alleged over-voting and non-compliance with the Electoral Act.

Court Reserves Judgement In Appeal Challenging Okowa’s Election

A file photo of Delta State Governor, Ifeanyi Okowa. Photo: [email protected]

 

 

The Court of Appeal sitting in Abuja has reserved judgement in the appeal filed by the candidate of the All Progressive Congress (APC), Great Ogboru, against the election of Senator Ifeanyi Okowa as the governor of Delta State.

A five-man panel of the court led by Justice Uzo Ndukwe-Anyanwu reserved judgement on Monday after the lawyers to the parties in the appeal adopted and argued their final briefs.

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Ogboru is asking the court to reverse the decision of the Delta State Governorship Election Petitions Tribunal which returned Senator Okowa as the winner of the March 9 poll.

He had raised 37 points of appeal through his lawyer, Mr Nicholson Ichekor, upon which he asked the court of appeal to set aside the entire judgement of the Tribunal.

The APC candidate alleged over-voting and non-compliance with the Electoral Act.

Gov. Okowa Celebrates Appeal Court Victory

OkowaThe Delta State Governor, Dr. Ifeanyi Okowa, is already celebrating his victory and has called on the people to support him in the effort to develop the state.

Dr. Ifeanyi Okowa was speaking during a thanksgiving service at the government house chapel in Asaba, the Delta State capital, immediately after the verdict of the Court of Appeal in Abuja.

The Governor, who was accompanied by his wife and some top officials of the state government, said that the time of disagreement was over.

“I am very grateful to the Lord my God. The Lord has been so faithful and he has continued to fight our battles.

“We campaigned, went into the elections and won. We won at the lower court and at the appeal and we thank God for everything.

“I believe that it is time (as I did say in the church) for my brothers to realize that it is time for peace and not for war. The war is over. It is time to think Delta and not think about our personal selves and it is time for repentance.

“I call on each and every one of them to come back and embrace this government so that together, we can work for the good of Delta and Deltans,” he told Channels Television.

The Court of Appeal sitting in Abuja, Nigeria’s capital city upheld the election of Mr Ifeanyi Okowa as the Governor of Delta State in two appeals filed by the All Progressives Congress (APC) and the Labour Party.

The Delta State governorship election tribunal sitting in Asaba had earlier upheld the election of Governor Okowa on the grounds that the APC could not prove that the governorship poll was characterised by irregularities.

Appeal Court Upholds Okowa’s Election

Delta-okowaThe Court of Appeal sitting in Abuja, Nigeria’s capital city, has upheld the election of Mr Ifeanyi Okowa as the Governor of Delta State in two appeals filed by the All Progressives Congress (APC) and the Labour Party.

Altogether six cross appeals were filed in the court.

While the main appeal by the Labour Party candidate, Great Ogboru was dismissed, judgement in Governor Okowa, the Peoples Democratic Party (PDP) and the Independent National Electoral Commission’s (INEC) cross appeals were taken together.

The court dismissed the cross appeals by Governor Okowa and the PDP, while INEC’s cross appeal was upheld.

The Delta State governorship election tribunal sitting in Asaba had earlier upheld the election of Governor Okowa.

The tribunal held that the APC could not prove that the governorship poll was characterised by irregularities.

Delta State Governorship Tribunal Adjourns Judgment

akwa ibom-benue, tribunalThe Delta State Election Petition Tribunal sitting in Asaba on Wednesday adjourned judgement of the petitions filed by the governorship candidates of the All Progressives Congress (APC) and the Labour Party (LP) O’terga Emerho and Great Ogboru respectively, to a date that would be communicated before August 28.

Chairman of the tribunal, Justice Nasir Gummi, announced that the tribunal would  communicate to counsels, the date for the judgement shortly after submissions from the 1st, 2nd and  3rd respondents’ counsels against the suit filed by the petitioners to invalidate and nullify the result of the April 11 governorship elections in the state.

At the sitting, Alex Iziyon (SAN), the lead counsel to Governor Ifeanyi Okowa, urged the tribunal to dismiss the petitions which he said varied with the petitioners’ evidences before the tribunal.

Counsels to the Peoples Democratic Party (PDP) and Independent National Electoral Commission (INEC) also aligned with the claims of the 1st respondent.

In replying their addresses, the lead counsel to the petitioners, Thompson Okpoko (SAN) and Dele Adesina asked the tribunal to look at the petition before it, based on facts of their submissions, asking the tribunal to nullify and call for a fresh election.

Governor Okowa was declared winner of the April 11 election by the INEC.

Ogboru ‘Is A Chronic Debtor’, AMCON Tells Court

The Asset Management Corporation of Nigeria (AMCON) on Thursday told a Federal High Court, Lagos that a former Delta Governorship Candidate, Great Ogboru “is a chronic debtor”.

Former Delta Governorship Candidate, Great Ogboru

Counsel to AMCON, Kunle Ogunba disclosed this in reaction to two motions filed by Mr Ogboru, one, seeking to set aside a court order, which allowed the appointment of a receiver manager to his properties

On the second leg of the motion, Mr Ogboru is challenging the jurisdiction of the court to hear the suit, which he described as an abuse of court process.

Justice Okon Abang had made the order on 13 January, appointing a receiver manager to the defendant’s property, following a suit filed by AMCON over an unpaid loan transaction.

AMCON in their affidavit had affirmed the indebtedness of Mr Ogboru to Equatorial Trust Bank (now Sterling bank), and his unwillingness to liquidate the debt.

Arguing the motion, Mr Ogboru’s counsel, McCarthy Mbadugha said the suit was an abuse of court process because there was a pending suit before a Federal High Court, Abuja on the same subject matter.

Mr Mbadugha added that the Abuja court had earlier issued an order restraining AMCON perpetually from taking over Mr Ogboru’s properties.

He also faulted the appearance of Mr Ogunba in the matter, saying the lawyer already has financial interest in the matter, having been appointed as receiver/manager.

Mr Mbadugha, therefore, urged the court to dismiss the suit.

Responding, AMCON’s counsel, told the court that the action of people like Mr Ogboru was responsible for the collapse of some banks in the country.

He said the defendant had agreed that the principal loan sum of N33 million was outstanding.

The AMCON lawyer argued that Mr Ogboru had not even liquidated his debt, but wants the court to determine the interest.

He told the court that Mr Ogboru’s motion was misconceived, and ought not to see the light of day.

Justice Abang has fixed March 22 for Mr Ogboru’s reply on point of law to AMCON’s argument.