The Court of Appeal sitting in Abuja on Thursday affirmed the election of Sen. Ifeanyi Okowa of the Peoples Democratic Party (PDP), as the duly elected governor of Delta State in the April 11 election.
The appellate court panel of five Judges presided over by Justice Uwani Abba-Aji dismissed the appeal of the Labour Party and its governorship candidate, Great Ogboru, for lacking in merit.
In a separate judgment, the court also dismissed another appeal filed by the All Progressives Congress (APC) and its candidate, Olorogun O’tega Emerhor.
The court held that the Governorship Election Petitions Tribunal for Delta was right in dismissing the respective petitions of Ogboru and Emerhor against the election of Okowa in its separate judgments.
The appellate court held that cross appeal filed by Okowa asking for his declaration as the validly elected governor by majority of the votes cast in the April 11election succeeded.
The court held that both Ogboru and Emerhor failed to substantiate the allegations of non-compliance with the provisions of the Electoral Act in the conduct of the election.
Specifically, the court held that Ogboru failed to prove the allegation that the figure of the declared result in the election was higher than the number of accredited voters.
“The appellant fails to prove the allegation of corrupt practices against the electoral umpire,’’ Abba-Aji said.
The News Agency of Nigeria (NAN) reports that Ogboru and Emerhor had filed the respective appeals seeking to upturn the decisions of the tribunal, which had upheld the election of the governor.
The appellate court panel had sat on the respective appeal in Benin and had, at its last sitting on Dec. 17, reserved judgment in the appeals to a date to be communicated to the parties.
The President of the Court of Appeal, Justice Zainab Bulkachuwa, had, however, moved the sitting of the panel to Abuja, though no reason was given for the decision.
Meanwhile, the APC candidate has said that he is not satisfied with the decision of the appellate court and will consult his team of lawyers on the next line of action.
In the mean time, the South-South Deputy Chairman of the PDP, Hon. Cairo Ojuogbo, has hailed the decision of the panel of judges.
Ojuogbo, who spoke to newsmen after the judgment, said that the decision was “well thought-out.”
Reacting to the judgement, Gov Okowa expressed gratitude to God for giving him victory at the Court of Appeal in Abuja.
The governor, who marked the victory at the Government House Chapel, Asaba, few hours after the court ruling, called on Chiefs Ogboru and O’tega to sheath their swords and join his government.
According to Okowa, the battle has been fierce in all angles and the rumours have been strong.
“But this is time for peace and not for war; the war is over and it is time for us to think about Delta and not about our self.
“And it’s time for repentance and I call on Ogboru and O’tega to come back and embrace this government so that together we can work for the good of Deltans.”
He described the season as a perfect Christmas because the people came out to vote and the lower and the appeal courts have upheld their votes.
He assured the people that his administration would not let them down.
In his reaction, Sen. James Manager attributed Okowa’s victory to God and appealed to the opponents to join him to salvage the state.
“For those who lost in the elections even in the tribunal and Court of Appeal should give peace a chance in the overall interest of Delta.
“I know that there is still another leg, but must we push it that far; is it necessary in the interest of our people?
“Let us come together to build Delta from the current level to where we want it to be,” Manager appealed.