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.
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.