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CaseLaw

Falae V. Obasanjo (No.1) (1999) CLR 4(e) (CA)

Brief

  • Affidavit evidence
  • Nature of electoral laws
  • Electoral documents in possession of electoral body (Access to)

Facts

The petitioner by his application filed on 16/3/99 prays for an order to be allowed to inspect the following documents in the possession of the respondents.

  • "i.
    All the ballot papers utilised by all voters in the voting exercise at all the polling station
  • ii.
    All Forms EC 8A reflecting the results of the votes cast at the polling stations throughout the country at the Presidential election.
  • iii.
    All forms EC 8B produced in respect of the collation exercise at ward level throughout the country.
  • iv.
    All forms EC 8C in respect of the collation exercise at the Local government level throughout the country.
  • v.
    All forms EC 8D issued in respect of the collation exercise at State level throughout the country.

The petitioner through Mr. A. M. Kotoye deposed to an affidavit in support of the motion. Chief G.O.K. Ajayi S.A.N. argued the application in the terms stated in the motion paper, Mr. Kehinde Sofola S.A.N. in reply urged it on is to dismiss the application on the ground that the affidavit in support is defective because the affidavit had not followed the format of the Schedule 1 provided under the Oaths Act. Cap.333 Laws of the Federation 1990, he said that the deponent had not complied with section 13 of Cap.333.

Issues

  • Whether the petitioner’s application for inspection of documents in possession...
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