ABUJA/Nigeria: The Court of Appeal sitting in Abuja has delivered a decisive blow to the Social Democratic Party (SDP) Gubernatorial candidate, Chief Kenneth Gbagi, on Friday, as they dismissed his interlocutory appeal against the ruling of the Governorship election tribunal sitting in Asaba, the Delta State capital.
Gbagi’s legal battle took a contentious turn when he attempted to tender a gazette after both parties had concluded their cases, and the tribunal had adjourned for judgment. This application was swiftly dismissed by the election tribunal, which deemed it an abuse of the court process.
Unsatisfied with the tribunal’s decision, Chief Gbagi escalated the matter to the Court of Appeal, seeking a favourable judgment. However, the Court of Appeal upheld the tribunal’s ruling, asserting that the tribunal had exercised its discretion judiciously in dismissing Gbagi’s late application.
Presided over by Justice Muhammed Lawal Shuaibu, the Court of Appeal also found that Chief Gbagi had failed to demonstrate how the gazette was relevant to his case or contributed to the overall pursuit of justice in the matter.
Moreover, the Court of Appeal emphasized that the gazette, being a form of law, was a matter of common knowledge that the tribunal could have taken judicial notice of, thus negating the necessity of Chief Gbagi’s late attempt to introduce it as evidence.
In a pointed rebuke, the Court of Appeal chastised the 6th and 7th Respondents for conceding to Chief Gbagi’s Appeal instead of filing a cross-appeal, raising questions about the strategic handling of the case.
Ultimately, the Court of Appeal rendered a unanimous decision, dismissing Chief Kenneth Gbagi’s interlocutory appeal, marking a significant setback for his aspirations in the Delta State gubernatorial election case.
