COURT of Appeal sitting in Benin City, Edo State capital yesterday dismissed the appeal filed by the Democratic Peoples' Party (DPP) candidate, Great Ogboru, in the January 6th Delta State rerun election ordered by the same court in November 2010.
In their ruling yesterday, Justice Raphael Agbo and four others dismissed the petition against Governor Emmanuel Uduaghan, saying the matter had become academic since the rerun election had been conducted and the winner, Uduaghan, had even completed his tenure.
They also ruled that a fresh governorship election had been conducted, a winner had emerged and had been sworn in and Ogboru himself also participated in the election.
"Assuming the court decides to honour this petition, is it legal to order yet another rerun election or alternatively is it legally possible to declare the first respondent the winner of the election when a tenure has elapsed, another election conducted in April 2011 and a winner declared and sworn in?" they said.
The judges also cited Section 180 of the Constitution of the Federal Republic of Nigeria 1999 as amended, a basis for their dismissal of Ogboru's petition.
He said: "Do we now order another rerun, is it possible or practical to order a rerun election? The reis (issue) has become extinguished, the court will be attempting a futile academic exercise, the appeal is therefore dismissed without a cost."
Reacting to the ruling, the Secretary to the Delta State Government, Macaulay Ovuozuorie, called on Ogboru and the opposition to team up with the governor to develop the state. He said if actually their intention were to serve they should work with the governor in the interest of the state.
But in his reaction, the younger brother of Ogboru, Turner, said the DPP would test the matter at the Supreme Court.
It was jubilation yesterday in Government House, Asaba as an elated Delta State Deputy Governor Amos Utuama (SAN) and wife of the state Governor, Mrs. Roli Uduaghan, dedicated the Appeal Court judgment to God.
But for a twice beaten Chief Tony Ezeagwu, the Delta State chairman of DPP, yesterday's judgment was a clear case of the Appeal Court ruling against the judiciary.
The last may not have been heard of the protracted legal tangle as the party is set to sue Justice Dalhatu Adamu, the president of the Court of Appeal who set up the tribunal.
Both Utuama who spoke on behalf of a victorious Uduaghan presently on a visit to the United States for a Climate Change Summit and Mrs. Uduaghan at a hurried thanksgiving service at the Unity Hall, Government House, Asaba said that they had passed through a very rough and trying time but chose to stand on God's righteousness throughout their trial and tribulation.
For Mrs. Uduaghan, the thought of losing the appeal was disturbing. Utuama agreed with Mrs. Uduaghan and told the Government House Chaplain, Rev. Ben Golly and top government officials who formed the bulk of the congregation that there was a day he and the governor discussed the implication of losing the last January 6 re-run election.
The Guardian