e asked the Court of Appeal in Abuja to uphold the governor’s victory in the governorship election held on September 22 and 27, 2018.
They equally urged the court to dismiss the cross-appeal filed by Adeleke, on the grounds that it is unmeritorious. “Adjudication is like video watching. It cannot be done by proxy. The judge cannot analyse the evidence of a witness, whose demeanour he did not observe. The judgment should be declared a nullity on this ground alone,” he said.
Lawyer to the APC, Akin Olujinmi , while arguing the party’s appeal, contended that the tribunal was wrong to have allowed the petition, which was incurably incompetent. “We are saying the tribunal has no power to amend a petitioner’s reliefs. The much they ought to do, on realising that the reliefs could not be granted, was to have dismissed the petition.”
Citing Section 134 of the Electoral Act, Ali argued that non-compliance means not compliance with the provision of the Act, not an act of omission on the part of INEC officials, which are not contrary to the provision of the Act. Ikpeazu argued that the tribunal was right in its decision to have declared Adeleke and his party as the winner of the election.
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