4. THE RETURNING OFFICER, BENUE STATE HOUSE OF ASSEMBLY, KYAN STATE CONSTITUENCYThis appeal is against the judgment of the National and State Houses of Assembly Election Tribunal, Makurdi, Benue State.
Whether or not the tribunal was right in not admitting the receipt for payment for certification of electoral forms.APPELLANT’S COUNSEL SUBMISSIONS On issue three, Appellant submitted that the election was not properly conducted in 68 polling units with a total of 36,561 registered voters and that there were irregularities in the election which was corroborated by voters in various polling. It was submitted that the evidence of the witnesses remained unchallenged and that the tribunal was not right in rejecting the evidence of PW2, PW4 and PW22 on the basis that they adopted written depositions of other persons.
On issue three, the Respondents submitted that the findings were not challenged in the appeal and as such, the appellants are deemed to have accepted them and that the evidence of PW1 and PW15 are hearsay evidence as they were not eyewitnesses of events at the polling units. He placed reliance on Oke v Mimiko 13 NWLR 332, 376.
The court held in line with the decision in Nyesom v Peterside 7 NWLR 452, that the effect of the addition of the words “… the Manual for the Election Officials” or the like, will depend on whether or not the non-compliance complained of relates only to the Manual or Approved Guidelines, or it can be traced to the provisions of the Electoral Act itself. In the former case, it renders the ground invalid.
On issue three, the court began by restoring the evidence of PW2, PW4, and PW22 as nothing on record indicated that they adopted the depositions of other persons. In addressing the main issue, the court held that it is trite that there is a presumption of correctness and authenticity of an election result declared by INEC and the burden of disproving this lies on the party , who disputes the correctness and authenticity of the result to lead rebuttal evidence.
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