A’Court dismisses Omaruaye, APGA’s Appeal, affirms Dafinone’s victory

The Court of Appeal sitting in Lagos in a landmark judgment delivered on Tuesday, November 7, 2023, dismissed the appeal filed by Chief Peter Omaruaye and the All Progressives Grand Alliance (APGA) challenging the victory of Senator Ede Dafinone in the Delta Central Senatorial District election held on February 25, 2023.

The Court of Appeal, in a unanimous decision, held that the appellants (Omaruaye) failed to prove the allegations of non-qualification and non-compliance with the Electoral Act against the respondents.

The Court of Appeal also dismissed the preliminary objections filed by the respondents, which challenged the appellants’ brief of argument on the ground of proliferation of issues.

The Court held that the preliminary objections were frivolous and lacked merit.

On the merit of the appeal, the Court of Appeal held that the appellants failed to prove that the respondents were not qualified to contest the election.

The Court also held that the appellants failed to prove that the respondents did not comply with the Electoral Act in the conduct of the election.

Having resolved the two issues in the appeal in favor of the respondents, (Dafinone and APC) the Court of Appeal consequently dismissed the appeal.

The Court also ordered the appellants to pay the costs of the appeal to the respondents.

With this latest victory, all electoral cases against Senator Dafinone’s victory have been dismmissed.