By Pius Mordi
For a candidate who won only four of 25 local government areas in Delta State, Senator Ovie Omo-Agege, candidate of the All Progressives Congress (APC), it was always going to be a long futile shot to upturn the election’s outcome.
Rt. Hon. Sheriff Oborevwori, candidate of the Peoples Democratic Party (PDP), clinched 21 out of the 25 Local Government Areas of the state with 360,234 votes leaving Omo-Agege a distant second with 240,229 garnered from four local government Areas.
Like any other long shot, the former Deputy Senate President’s counsels were initially at a loss where to anchor their suit. First, they sought refuge on technical grounds relating to pre-election issues. Soon it dawned on his legal team that ahead of that approach lies an impregnable brick wall. Section 31 of the Electoral Act 2022 as amended and affirmed by judgement of the Supreme Court says that disputes arising from the information contained in the nomination form of a candidate contesting any election shall be resolved before the election is conducted by the Independent National Electoral Commission. In other words, it is a pre-election matter which cannot continue to be heard once the election has been held.
In an ill-articulated bid to question the integrity of the election result, Omo-Agege’s counsel resorted to the allegation that the Independent National Electoral Commission (INEC) did not deploy the Bimodal Voter Accreditation System (BVAS) in accrediting voters. Expectedly, the allegation could not be proved.
On Thursday, August 24, 2023 when all the parties adopted their final written addresses before the Delta State Governorship Election Tribunal, it was clear to Omo-Agege’s legal team that they were on a wild goose chase. With the door to utilising technicalities firmly shut, they knew their case had collapsed. At Thursday’s adoption of final written addresses, the legal team of the first respondent, INEC, denounced the petitioner’s allegation that BVAS was not deployed to accredit voters and dubbed the entire submission of the petitioner an abuse of court processes, lacking in merit and that the plaintiff could not prove his case beyond reasonable doubt.
In a fitting finale to the hearings, Omo-Agege’s team were subdued in their final presentation. Dr. Alex Izinyon (SAN), Robert Emukperuo (SAN) and Murtala Abdulrasheed (SAN) for the petitioner drew the Tribunal’s attention to pending applications. They are:
* The petitioner’s Motion on Notice for leave to exceed the 40-page limit by filing an addendum to the petitioner’s Final Written Address; and
* Governor Oborevwori (second respondent’s) Motion on Notice challenging the competence of the Petitioners’ Final Written Address.
The Tribunal directed that the pending applications be taken before adoption of Final Written Addresses.
Professor J. E. O Abugu (SAN) who led the team for the first respondent also subsequently adopted the following processes:
* Second Respondent’s Final Written Address filed August 11, 2023; and
* Second Respondent’s Reply on Point of Law filed August 23, 2023 in urging the Tribunal to dismiss the Petition.
Counsel to Oborevwori and third respondents, Delta State PDP, thereafter adopted their respective counter-affidavits and written addresses in support filed on August 23, 2023. They
subsequently moved the Motion on Notice challenging the competence of the Petitioners’ Final Written Address filed on August 22, 2023. The Petitioners thereafter adopted their Counter-Affidavit and Written Address in opposition filed on August 22, 2023.
Rulings on the respective Motions on Notice were reserved to Final Judgment.
In addition to endorsing the position of Oborevwori’s counsel, E. Ohwovoriole (SAN), Ayo Asala (SAN) and O. M. Atoyebi (SAN) who led the team for the Delta PDP as the third respondent also adopted the following processes:
* Third Respondent’s Final Written Address filed on August 11, 2023; and
* Third Respondent’s Reply on Points of Law filed August 23, 2023.
On the strength of the evidence or lack of it presented to the tribunal on the razor-thin allegation of failure to use the BVAS in accrediting voters, followers of the proceedings are in no doubt that Omo-Agege’s quest is doomed. Having won just four of the 25 local government areas in Delta State and tailed Oborevwori with unassailable votes of over 120,000, even the most optimist and loyalist of the former Deputy Senate President left the venue of the hearings dispirited. Governor Oborevwori’s victory and mandate is on course to legal affirmation.
