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CASE TITLE: ARARUME & ANOR v. INEC & ANOR (2019) LPELR-48397(CA)
JUDGMENT DATE: 23RD AUGUST, 2019
PRACTICE AREA: ELECTORAL PETITION
LEAD JUDGMENT: HARUNA SIMON TSAMMANI, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION
This appeal borders on Electoral Petition.
FACTS
This appeal is against the ruling of the Governorship Election Petition Tribunal, Imo State.
On the 9th day of March 2019, an election was conducted by the 1st Respondent to elect the person to occupy the office of the Governor of Imo State of Nigeria. The 1st Appellant, 2nd Respondent and others were candidates at the election. The 1st Appellant contested the election on the platform of the 2nd Appellant, while the 2nd Respondent contested on the ticket of the 3rd Respondent.
At the close of the election, the 1st Respondent declared the 2nd Respondent the winner of the election. Being unhappy with the result of the election, the Appellants filed a Petition before the Tribunal. Pleadings were duly filed and the pre-hearing concluded, but at the hearing of the Petition, the Petitioners fielded the PW2, who was before the Tribunal on subpoena duces tecum and ad testificandum. When the witness sought to adopt his written statement made on Oath, the 2nd Respondent raised an objection to the said PW2 adopting his written statement on oath, on the ground that the statement was made after the period within which to file the petition had lapsed.
After listening to arguments of counsel, the trial Tribunal upheld the objection, thereby refusing to allow the said witness adopt the written statement on oath. Dissatisfied, the appellant appealed to the Court of Appeal.
ISSUES FOR DETERMINATION
The Court determined the appeal on these issues couched as follows:
DECISION/HELD
On the whole, the Court of Appeal dismissed the appeal and affirmed the decision of the Tribunal.
RATIOS:
~BARR. AGHANWA
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