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S’Court Affirms Uduaghan’s Election, Dismisses Ogboru’s Appeal

News » Politics


For the second time in less than a year, the Supreme Court has  dismissed a motion filed by the Democratic Peoples Party and its  candidate in the last governorship election in Delta State, Chief Great Ogboru against the election of Delta State governor, Dr Emmanuel Uduaghan.

The seven-man panel of the justices of the apex court led by Justice Walter Onnoghen dismissed the motion on the grounds that it was an abuse of the judicial process of the court.

“This application is an abuse of the process of the court and it is accordingly dismissed. I award N2million as cost to each of the respondents in this matter to be paid by the counsel to the plaintiff”.

In the motion, Ogboru is asking the court to set aside its earlier judgement, which upheld the election of Governor Uduaghan of the Peoples Democratic Party (PDP), who was declared winner of the election.

Ogboru, through his counsel, Dr Dickson Osuala tried unsuccessfully to convince the court to review its earlier judgement in the case and set it aside.

The court also awarded a cost of N8million against Dr Osuala, who brought the suit as punitive measure.

The apex court had in June last year, in a judgement written by Justice Clara Ogunbiyi but read by Justice Suleiman Galadima, dismissed a similar motion and also awarded N50,000 as cost against Ogboru for filing the “frivolous” application.

The court noted that a similar application was filed and withdrawn by Ogboru’s first counsel, Mr Sebastine Hon, SAN.

It further held that the allegation that Hon withdrew the application without the authority of Ogboru was not substantiated.

Justice Ogunbiyi upheld the arguments of Chief Wole Olanipekun, SAN, to the effect that a counsel had unfettered authority to conduct his client’s case.

Olanipekun who represented Uduaghan had argued that when briefed, a lawyer had  full control of his client’s case, saying “He could  compromise the case; he could agree to a judgement and the only choice the client has is to withdraw the instruction given to the lawyer.”

She further held that there must be an end to litigation.

Meanwhile, Uduaghan has lauded the verdict of supreme court. He said by the judgment, the learned jurists of the apex court have once again affirmed its status as the custodian and protector of the rule of law and jurisprudence. Every legal practitioner and, indeed, diligent follower of the electoral process had known that the counsel to Chief Ogboru had embarked on a vain process which intention neither served the interest of the litigant nor the judiciary.

Article Credit: Leadership

Updated 5 Years ago

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Tags:     Ogboru’s Appeal Was Dismissed In S’Court Affirms Uduaghan’s Election