The Court of Appeal sitting in Benin has dismissed the appeal filed by Chief Great Ogboru of the Democratic Peoples Party (DPP) and sustained the declaration of Dr. Emmanuel Uduaghan of the Peoples Democratic Party (PDP) by the Independent National Electoral Commission (INEC) as winner of the April 26, 2011 governorship poll in Delta state.
While dismissing the appeal for lack of merit, Justice M. Dattijo Mohammed said “all the preliminary objections are unmerited and are accordingly overruled; the main appeal lacks merit and it is dismissed and the three cross-appeals having succeeded and are hereby allowed”
In his reaction to the judgement, Governor Uduaghan said that his election victory at the Court of Appeal, Benin City would spur him to greater achievements as he enjoined Deltans to trust him.
He described the victory as victory for the people, for democracy and for development. “This victory is for all our people for the truth and for making the votes count”, the governor said.
Also reacting, Secretary to the Delta State Government (SSG), Comrade Ovuzourie Macaulay, “said that God has done it again, we have been vindicated because all our appeals in this court have been upheld because though we won at the tribunal, there were still some levels of injustice in the judgment that was delivered at the tribunal”.
He appealed to the opponents to join Dr. Uduaghan to move the state forward as it would continue to move.
Recall that Chief Great Ogboru had appealed against the judgment of the lower tribunal at Asaba, claiming that the tribunal erred in its ruling by declaring Dr. Uduaghan as winner of the said election and prayed the appellate court to declare him winner, having scored the majority of the lawful cast.