DELTA GUBER: Gbagi Loses Interlocutory Appeal Against Tribunal Ruling

The Court of Appeal sitting in Abuja, has dismissed the Interlocutory Appeal filed by the Social Democratic Party (SDP) Gubernatorial candidate in Delta state, Chief Kenneth Gbagi, against the ruling of the Governorship Election Petitions Tribunal sitting in Asaba.

Gbagi had attempted to tender a gazette after parties had closed their cases and the Tribunal adjourned for judgment, but the application was dismissed by the Tribunal which deemed it an abuse of Court process. 

Not satisfied with the Tribunal’s decision, Chief Gbagi appealed to the Court of Appeal, which in its judgement, said the Tribunal exercised its discretion judiciously in dismissing the application. 

The Court, presided by Justice Muhammed Lawal Shuaibu, also held that Chief Gbagi was unable to show how the gazette was relevant to his case or the overall justice of the case. 

Furthermore, the Court of Appeal ruled that the gazette, being a law, was one of the items that the Tribunal could take judicial notice of, and there was no need for the hue and cry by Chief Gbagi in attempting to tender it. 

The Court also chastised the 6th and 7th Respondents for conceding to the Appeal instead of filing a Cross Appeal.

The Appeal was consequently dismissed by a unanimous decision of the three member panel.