The Delta State High Court sitting in kwale, Ndokwa West, has fixed May 10, 2018 to hear the appeal filed for a stay of execution filed by Deputy Speaker, Delta State House of Assembly, Rt. Hon. Friday Ossai Osanebi over its judgment on the 2015 House of Assembly election in the local government, in suit No. HCK/78/2017 between Mr. Ozegbe Lawrence v Hon. Friday Osanebi and two others.
Hon. Ossai Osanebi has filed an appeal asking the court of Appeal to set aside the judgment of the lower court saying that the issues in contention as ruled by the lower court were not valid.
Recall that a High Court sitting in Kwale, Delta state have ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return earlier issued to the Deputy Speaker, Delta State House of Assembly, Mr Friday Osanebi and issue same to Mr. Ozegbe as the rightful candidate of PDP and winner of the 2015 State Assembly election.
The court also ordered the police to investigate and prosecute the Deputy Speaker over alleged forgery and for reportedly lying on oath.
Reacting to the judgment, Hon. Ossai said the learned Trial Judge erred in law when he held that Osanebi had no basic educational qualification to contest the Delta State House of Assembly.
Hon. Ossai also stated, that the Learned Judge Trial Judge erred in law when he made an order declaring the plaintiff/ respondent as the winner of the Delta State House of Assembly election held in 2015, for the parliamentary seat of Ndokwa East Constituency.
He said the Learned Trial Judge erred in law when he held that the Deputy Speaker, was in breach of the provision of Section 31 subsection five of the Electoral Act 2010 and further that the certificate of the appellant were forged amongst other grounds duly stated.
The appellant by virtue of the appeal sought the relief of the court to set aside the judgment of the lower court and to dismiss the suit of the plaintiff before the trial court.
Meanwhile, the Deputy Speaker, Rt. Hon Friday Osanebi, yesterday sat in the State Assembly’s plenary and requisitely participated in several legislative duties.
