Uduaghan Triumphs Again!

Again, it was a day of celebration and clicking of glasses yesterday, as the Supreme Court upheld the election of Dr. Emmanuel Uduaghan (PDP) as Governor of Delta State.
The apex court’s decision threw the entire state into frenzy of celebrations that was preceded by a special thanksgiving service at the Government House Chapel, Asaba.
Chief Great Ogboru of Democratic People’s Party (DPP), had challenged the election of Dr Uduaghan in the April 2011 gubernatorial election.
In a unanimous judgment, the apex court nullified the judgment of the Benin Division of the Court of Appeal which formed the bedrock of Chief Great Ovadje Ogboru’s appeal.
In its place it upheld the judgment of the Delta Governorship Election Tribunal, which had earlier upheld the declaration of Uduaghan as governor.
In the Judgment prepared and delivered by Justice Mahmud Mohammed, the court noted that the appeal court on January 05, 2012, gave its pronouncement but reserved details of the judgement for another date. It thereafter gave details of the ruling on January 27, 2012.
But Justice Mohammed held that the Court of Appeal has no power to defer reasons for its judgment on a governorship election petition matter since it was not the last court.
“Judgment and reasons are inseparable and therefore the court of appeal was wrong to have given its judgment on a different date other than the day it delivered the judgment,” he ruled, adding, “From 11th January to 27th January is more than 60 days allowed by the constitution.”

The Supreme Court consequently declared the appeal court judgment as null and void.