The Appeal Court in Abuja has upturned the Tribunal victory of the All Progressives Congress (APC) candidate for Lau State Constituency in Taraba State Emmanuel Emmanuel George.
The Taraba Elections Petitions Tribunal in Jalingo, had declared Emmanuel George of APC as the dully elected member thus upturning the victory of Nuhu Akila of the Peoples Democratic Party (PDP) who was earlier announced by the Independent National Electoral Commission (INEC) as winner in the election.
Akila who was dissatisfied with the decision of the Tribunal, approached the Appeal Court to challenge George who won at the Tribunal.
Justice Uchechukwu Onyemenam who led the three panel of justices in appeal, affirmed that, Akila who was declared by INEC in the election is the duly elected member for Lau State Constituency in Taraba State.
The Appellate Court held that, the Tribunal erred in law when it relied on wrongfully admitted evidence to nullify Akila’s election victory.
It noted that, only few of the documents that were tendered in evidence were obtained from the constituency.
The court held that, it is settled law that where the trial court admitted and acted on illegal or inadmissible evidence, is it the duty of the Appellate Court to see that such evidence was expunged adding that court of law is allowed to act on only legally admissible evidence or documents.
It held that, section 285(5) of the 1999 constitution, 132(7) of the electoral act and paragraph 14(5) of the third schedule to the electoral act, provided that written statement of witnesses must be filed alongside a petition, within the time limited for filing of such petition.
According to the court, ones the time has elapsed, it cannot be amended under any guise.
It held that, neither a Petitioner nor a respondent shall be allowed to give evidence unless it is pleaded or front loaded.
The court held that, the evidence of PW3 in the matter was not credible enough to prove over voting, noting that the witness was not personally present at the eight polling units where the alleged infractions occurred.
It held that the witness gave a hearsay evidence that could not sustain the judgment of the Tribunal.
It also that the trial court wrongly admitted the evidence of DW1 and DW2 and relied on same to hold that the second respondent got majority of lawful votes cast.
It held that presumption of correctness of result declared by INEC was in favor of the appellant.
“This appeal has merit and it succeeds,” the court held.
While setting aside the decision of the Tribunal, the Appellate court also voided the order that directed INEC to withdraw the certificate of return that was issued to Akila.
Speaking in an interview counsel to Emmanuel George Barrister Pius Damba Pius and the APC Chairman for Taraba State Barrister Tukur El-Sudi expressed dissatisfaction with the judgment.