Nigeria News

NIGERIA: A’Court Dismisses ACN Appeal

Oluwarotimi AkeredoluThe Court of Appeal, Akure yesterday dismissed an appeal by the Action Congress of Nigeria (ACN) governorship candidate in the last October Election in Ondo State, Mr Oluwarotimi Akeredolu, seeking to nullify the Election Petition Tribunal’s ruling which refused the electronic demonstration of the 2011 and 2012 voters’ registers.

The Justice Andovar Ka’kan-led Tribunal had on 25th February, 2013 refused an application by Akeredolu to allow his witness to demonstrate the contents of the two registers to prove alleged multiple registrations and voting during the poll.

In a unanimous judgment of the five-man panel read by Justice Jombo-Offor, the court said the appellant was attempting to overreach and ambush the respondents by bringing in the application at that stage when the respondents would have no opportunity of replying.

Citing the case of Orji v Ugochukwu, the judge said the appellants cannot at reply brief bring in such facts which he ought to have pleaded in the main petition to remove element of surprise and give the respondents time to reply. 

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