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See Also:
- ELECTION PETITION – Election Petition Proceedings – Effect of Written Statement on Oath of Witnesses Not Frontloaded or Filed Within the Time Prescribed for Filing a Petition; Whether Subpoenaed Witnesses Are an Exception
"... it has been on record that the witness statement on oath of PW4, though a subpoenaed witness, who tendered the said Exhibit P38, was filed without accompanying the petition.…
- ELECTION PETITION – Burden of Proof – Burden of Proof in an Election Petition; Effect of Failure to Discharge Same
"It must be noted that he who alleges must prove. This applies also to election petition. The petitioner will fail if no evidence is given by him to support his…
- ELECTORAL MATTERS: Election Petition - Who can file an election petition
"As rightly submitted by learned senior counsel for the 1st respondent, Section 137 (1) (a) & (b) of the Electoral Act provides thus: ''(1) An election petition may be presented…
- ELECTION PETITION - PLEADINGS - Whether court will grant a prayer outside the one set down in the petition
"There was at no time any prayer that the gubernatorial election be declared void for non-compliance with Part II of the Electoral Act before the Court. Whatever the pleadings might…
- ELECTION PETITION - BURDEN OF PROOF - On whom lies the burden of proof in an election petition proceedings
"The burden of proof lay on the petitioner to prove the averments and allegations in his petition in areas where issues have been joined." Per ANDREWS OTUTU OBASEKI, JSC in…