I explained purported differences in my certificates with government gazette – Sheriff Oborevwori

Governorship Candidate of the Peoples Democratic Party, PDP, Delta State, Mr. Sheriff Oborevwori, said the Federal High Court, Abuja, which disqualified him, blundered when it held that he could not clarify differences in his names pointed out by the plaintiff, Olorogun David Edevbie, who lost to him in the party’s May 25 governorship primaries.

Oborewvwori’s lawyers, led by Joe Odey Agi, SAN, in a notice of appeal with nine grounds filed at the Court of Appeal, Abuja, last Friday, is contending that “The lower court erred when it held inter alia that the first defendant did not explain the discrepancies in his names despite the fact that the plaintiff in his further and better affidavit in reply to first defendant’s counter affidavit filed on June 17, 2022, explained the said discrepancy by attaching exhibit P7, which is suit no. FHC/ABK/CS/631/2022, K.O Duke and anor V. Oborevwori Sheriff Francis Orhohwedor and anor wherein the first defendant explained in details the discrepancy in his name even in a government Gazette.

“The lower court overloaded the admission against interest by the plaintiff in that the basis of his complaint of discrepancies in the name of the first defendant was indeed explained by his own further and better affidavit in reply to the first defendant’s counter affidavit filed on June 17, 2022, attached as exhibit P7.

“The lower court glossed over the germane evidence and placed a burden on the first defendant to again prove admitted facts by both parties. It is trite that facts admitted need no proof.

“The appellant competently discharged the evidential burden of proof when he admitted certificates attached by the plaintiff are his certificates thereby fulfilling the constitutional requirements to contest the office of governor of Delta state.

“The lower court ought to have looked at, utilised and relied on exhibit P7, which is suit no. FHC /ABJ/C5/631/2022, K.O Duke and anor V. Oborevwori Sheriff and anor attached to the plaintiff’s further and better affidavit in reply to the first defendant’s counter affidavit filed on June 17, which are in its file to draw the necessary inferences relating to the said discrepancies,” Oborevwori’s legal team said.

According to the notice of appeal, “further grounds of appeal will be filed upon receipt of the judgment of the court,” the legal team stated: “The judgment is against the weight of evidence.”

He is further contending that “The trial court erred in law and occasioned miscarriage of justice against the appellant when he held that the appellant did not meet the constitutional requirement to contest the governorship election of Delta state.

“By virtue of section 29(5), the false information capable of disqualifying a candidate must relate to the constitutional requirement to contest the election.”