Lucky Obukohwo Reporting
Just few days that the Delta State governor, Sheriff Oborevwori of the Peoples Democratic Party (PDP) was sworn-in, the Delta State Governorship Election Petition Tribunal sitting in Asaba has kick-started a pre-trial conference on the petition filed by the candidate of the Social Democratic Party (SDP), Kenneth Gbagi.
Gbagi, a former Minister of State for Education, is seeking to disqualify other candidates who participated in the polls on the ground that they were ineligible to contest as of March 18, 2023 when the election was held.
Truth Live News reports that in the said election, Governor Sheriff Oborevwori of the People’s Democratic Party (PDP) was declared winner by the Independent National Electoral Commission (INEC).
Candidate of the All Progressive Congress (APC) and Deputy President of the Senate, Ovie Omo-Agege, came second while that of the Labour Party, Ken Pela came third. Great Ogboru of All Progressive Grand Alliance (APGA) came fourth while Gbagi came fifth.
In his petition, Gbagi is relying on the provisions of the Electoral Act, 2022 as amended, which provides that all other candidates including the declared winner and losers could be joined as respondents.
At the commencement of the pre-trial conference, the chairman of the three-man panel tribunal, Justice C.H. Ahuchaogu, ordered that all processes regarding the interlocutory applications must be filed and exchanged before the next adjourned date which is June 13.
Speaking with newsmen after the adjournment, counsel to the SDP candidate, Magaji Mato Ibrahim (SAN), expressed satisfaction that a substantial part of the pre-trial was conducted.
The counsel said his client dragged all the candidates to the tribunal because the new Electoral Act has provision for it.
“The grounds as are contained in the new Electoral Act, we are relying on three grounds. But basically, we are relying more on the first ground, Section 1.3(4) which is on the issue of qualification.
“We are challenging the qualification of all the candidates that participated in the governorship election in Delta State.
“We are saying that at the time they contested the election, they were not qualified, and because of that, the person that won and those who didn’t win will stand to be disqualified by INEC and once the disqualification succeeds, what we are saying is that the court should order a fresh election and at that time, it is only our client that will remain the only valid candidate to stand for the election.
“Our petition is peculiar because the Electoral Act itself, is peculiar.
“The Electoral Act, 2022 is different from every Electoral Act that has existed.
“It has given us the basis to sue more than one respondent. Prior to the 2022 Electoral Act, you can only sue the returned candidate.
“By the time you go through the Act, you can see that the person who has not been returned or who has not won the election can be sued vis a vis Section 1.3(4) of the Act which has given us the power to challenge the competence of the candidate. That is, was the candidate qualified at the time he contested the election? If he was not qualified, that is the first ground in Section 1.3(4) of the Act,” Ibrahim said.