Dashed Hope

Emmanuel Uduaghan, governor of Delta State

Appeal Court in Benin City dismisses the appeal by Great Ogboru, challenging the election of Delta State Governor, Emmanuel Uduaghan
By Walid Ogunseri, Benin City
Great Ovedje Ogboru, Democratic People’s Party (DPP) candidate in the April 26, 2011 governorship election in Delta state has lost his final bid to upturn the victory of incumbent governor Emmanual Uduaghan. Ogboru had challenged the judgment of the lower tribunal which earlier upheld the declaration of Uduaghan of the People's Democratic Party (PDP) as winner of the election by the Independent National Electoral Commission (INEC).
Justice Datijo Muhammed leading a five-man panel of Judges in his less than ten minute’s judgment dismissed the main appeal of the appellant as well as all its preliminary objections.
Muhammed however upheld the entire cross appeals of the respondents including that of the Uduaghan the PDP and INEC.
According to the judge, all preliminary objections of the appellants are accordingly overruled. The main appeal lacked merit, the three cross appeals of the respondents having succeeded are hereby upheld and promised to give details of the judgement at a later day.
The judgement came after the adoption of written addresses by counsels to both parties last week.
Ogboru’s main ground at the lower tribunal was that Uduaghan did not obtain majority of lawful votes cast at the election.
It would be recalled that the lower tribunal had affirmed the results in Bururtu and Bomadi and other wards across eight local governments which Ogboru challenged at the tribunal.
Lead Counsel to Ogboru, Nicholas Ichekor said the lower tribunal erred when it did not rely on the testimony of an INEC staff that 108,000 illegal votes were credited to both parties.
Ichekor urged the court to allow the appeal filed by Ogboru and dismissed the cross-appeal filed by the INEC, Uduaghan and the PDP.
In their submissions, Counsels to Uduaghan, INEC and the PDP, Wole Olanipekun, Onyechi Ikpeazor and Adebayo Adenipekun urged the court to dismiss the appeal filed by Ogboru.
Olanipekun described the appeal as ‘merely an academic exercise’, saying there was no appeal before the appellate court.
Adenipekun told the court that the opinion of the expatriate at the lower tribunal should not be relied upon as according to him, ‘the expert was a mere accountant at Oshodi’.
Reacting to the judgment, the Delta State DPP chairman, Tony Ezeagwu described it as unfortunate, adding that the party would appeal against the judgment at the Supreme Court.
“It is quite unfortunate. When we were coming here we weren’t expecting much because we know that Nigeria judiciary have since lost bearing. Because if you look at the judgment that was just delivered now, it was not up to three lines, that is the main appeal dismissed, cross appeals upheld. You will hear from us what type of judgment is that? You did not tell us what happened and why you dismissed the main appeal, noting that it is quite unfortunate.
“We are peace loving people, we will continue to maintain the peace but at the end of the day, I am sure that God will definitely deliver his people. There is no two ways about that. On the next line of action we are not going to make trouble but we must get to the Supreme Court”, he said.
Secretary to the Delta State Government, Ovuozuorie Macaulay who lauded the judgment appealed to members of the opposition party to join hands with the Uduaghan –led government to move the state forward.
He added that the state government is moving and would continue to move forward. He observed that the state government would not relent in its efforts in inviting the opposition party to join the government if its main purpose is to contribute to the development of the state.