OMO AGEGE OVIE AUGUSTINE & ALL PROGRESSIVES CONGRESS (APC) V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC), OBOREVWORI SHERIFF FRANCIS OROHWEDOR & PEOPLES DEMOCRATIC PARTY (PDP)

JOHN INYANG OKORO, JSC (Delivering the Leading Judgement): This appeal is against the Judgment of the Court of Appeal, sitting at Asaba 1n Appeal No: CA/AS/EP /GOV/DL/43/2023 delivered on 24th November, 2023 which said judgment affirmed the decision of the Governorship Election Petition Tribunal sitting in Asaba, Delta State in petition NO. EPT/DL/GOV/3/2023.

A summary of the facts leading to this appeal, as gleanable from the record of appeal are that following the conduct of Governorship Election for Delta State on the 18th and 19th of March, 2023 the 2nd Respondent who was sponsored for that election by the 3rd Respondent was declared winner and returned elected having scored 360,234 votes being the majority of lawful votes cast to defeat 16 other contestants. The 1st Appellant who was sponsored by the 2nd Appellant came 2nd in the contest with 240, 229 votes. Dissatisfied with the declaration of the 2nd Respondent as the winner of the election, the Appellants filed a petition predi…