CASE TITLE: ADESINA & ANOR v. INEC & ORS (2019) LPELR-48662(CA)
JUDGMENT DATE: 14TH OCTOBER, 2019
PRACTICE AREA: ELECTION PETITION
LEAD JUDGE: NONYEREM OKORONKWO, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION
This appeal borders on election petition.
FACTS
The Petitioners/appellants filed a petition before the trial Tribunal and challenged the election and return of the 2nd respondent in respect of the election held on March 9, 2019, for the office of a member of the Oyo State House of Assembly representing Ibadan North East Local Government Constituency 1.
Appellants prayed that the election of the 2nd respondent be declared invalid and for an order for a fresh election to be held in the Constituency. The second and third respondents filed separate replies to the petition. In their respective reply, the respondents denied the allegations that the election of the second respondent was not by a majority of lawful votes cast of the election and that the election was tainted or marred by electoral malpractices and non-compliance with the Electoral Act, guidelines and manual prepared and issued for the election.
The tribunal heard the case of the parties and in its judgment, dismissed the petition. Not satisfied with the outcome of their petition, appellants appealed to the Court of Appeal.
ISSUES FOR DETERMINATION
Appellants raised the following issues for determination:
10. Whether the lower tribunal was right when it attached substantial weight to the hearsay evidence and false testimony of RW1.
11. Considering the pleadings, reliefs and evidence led in support of the petition, whether the lower tribunal was not wrong to have dismissed the petition for want of proof of allegations contained in the petition.”
DECISION/HELD
The Court of Appeal dismissed the appeal.
RATIOS:
~MR. KUNLE ADEGOKE
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