May 24, 2025
Legalpedia Citation: (2010) Legalpedia (CA) 90914 In the Court of Appeal HOLDEN AT OWERRI Thu Nov 11, 2010 Suit Number: CA/PH/EPT/668/2008 CORAM PARTIES 1. OKAFOR OKOREAFFIA 2. […]
CORAM
PARTIES
1. OKAFOR OKOREAFFIA
2. PEOPLES DEMOCRATIC PARTY (PDP)
APPELLANTS
HON. AGWU U.AGWU & ANOR
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant brought an appeal against the judgment of the Governorship and Legislative Houses Election Tribunal for declaring the 1st Respondent as the winner of the election into the Abia State House of Assembly for the Arochukwu State Constituency.
HELD
Appeal dismissed
ISSUES
1. That the unit results tendered by the Appellants were of no probative valueWhether the tribunal was right in its computation of the election as pleaded and proved by the 2nd – 176th respondents.?
2. Whether the tribunal was right in holding that the appellants had not in the alternative, proved that the questioned election was void and invalid by reason of corrupt practices and non- compliance with the electoral act.?
RATIONES DECIDENDI
ELECTION RESULT – ADMISSIBILITY OF-WEIGHT ATTACHED THEREOF
“Thus, in my humble view, the “original copy” of a unit or any election result is admissible only through one of the makers or an official to whom it was issued. The weight to be attached to the document depends on the circumstances attendant on the execution of the document”. PER MORONKEJI OGUNWUMIJU, JCA
ELECTION RESULTS-ALLEGATION OF WRONGFUL COMPUTATION OF-DUTY OF A TRIBUNAL THERETO
“Where the outcome of an election is challenged on the grounds that the winner did not have the majority of lawful votes, the task of the Tribunal is to determine the actual results and add them up. The duty involves computing the results once there are allegations of inflation or wrong computation”. PER MORONKEJI OGUNWUMIJU, JCA
DOCUMENTARY EVIDENCE-ADMISSIBILITY OF PUBLIC DOCUMENTS
“Public documents in your possession must be certified to be admissible in evidence. It is immaterial whether they were pleaded and were relevant to the proceedings”. PER MORONKEJI OGUNWUMIJU, JCA
EVIDENCE PROPERLY ADMITTED-WHETHER CAN BE USED BY ANY PARTY
“The law is that once evidence is properly admitted, any party to the proceedings can utilize same to advance his cause”. PER MORONKEJI OGUNWUMIJU, JC
DOCUMENTARY EVIDENCE- WHERE THERE IS DISPARITY IN DOCUMENTS TENDERED THE TRIBUNAL CAN MAKE ITS FINDINGS
“The tribunal in my humble view was not bound by the figures initially pleaded by the parties. Was the Tribunal expected to throw up its arms in helplessness because the Respondents pleaded a figure with which it declared the results whereas the actual computation showed something different? Where the final figures collated by the Tribunal from admissible documentary evidence is different for one reason or the other from the one used to declare the results, so long as it would not lead to a miscarriage of justice, the Tribunal is duty bound to make a finding on the correct figures”. PER MORONKEJI OGUNWUMIJU, JCA
INADMISSIBLE EVIDENCE- DUTY OF AN APPELLATE COURT THERETO
“The law is that it is the duty of this court as an appellate court to disregard and expunge inadmissible evidence”. PER MORONKEJI OGUNWUMIJU, JCA
EVIDENCE ADDUCED BEFORE A COURT – NATURE OF EVIDENCE A COURT CAN RELY ON
“There is a world of difference between being a party in a proceeding and been called to testify. The testimony of witnesses and document are what makes up the evidence that the court can rely on. To prove the petition is clearly the duty of the Appellants.” PER MORONKEJI OGUNWUMIJU, JCA
CASES CITED
Buhari V Obasanjo (2005)13 NWLR pt 941 pg 1 at 177Jacob V AG Akwa Ibom (2002) FWLR Pg. 575Olukoya V Ashiru (2006) 5 SCNJ 107 at 118Okonji & 2 Ors V. Njokanma & 2 ORS (1999) 14 NWLR Pt. 638 Pg. 250; (1999) 12 SCNJ 259 at 275Alh.Sabiriyu Shittu V.Otunba Oyewole Fashawe (2005) 2 SCNJ 337Onochie V.Odogwu (2006) 2 SCNJ 96; 05) 7 SCNJ 337The Dagaci of Dere &Ors V Dagaci of Edwa &Ors. (2006) I SCNJ 16Nwobodo V. Onoh (1984) NSCC Pg. 1 at Pg. 18A.G. Enugu State V. Avop Plc (1995) 6 NWLR Pt. 399 Pg. 90Onwudinjo V. Dimobi (2006) 1 NWLR Pt.961 Pg. 317,Mkpen Tiza V. Iorakpen Begha (2005) 5 SCNJ 168Buhari v. Obasanjo (2005) 13 NWLR Pt. 941 Pg. 1 at Pg. 177
STATUTES REFERRED TO
1. Evidence Act
2. Court of Appeal Rules
3. Criminal Code Cap 31 vol.11, Laws of the Cross River State as applicable to Akwa Ibom state
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