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CaseLaw

Ogboru V. Uduaghan (2010) CLR 11© (CA)

Judgement delivered on on November 12th 2010

Brief

  • Preliminary objection
  • Reply brief
  • Raising issue suo motu
  • Public documents
  • Admissibility
  • Photocopy of documents
  • Documentary evidence
  • Burden of proof
  • Election results

Facts

Sometime in 2007, precisely on April 14, 2007, the third Respondent (INEC) herein allegedly conducted gubernatorial elections in Delta State. The first Appellant was the candidate of the second Appellant. On the other hand the second Respondent sponsored the candidature of the first Respondent. At the end of the exercise, the third Respondent returned the first Respondent as the winner of the said election. Dissatisfied, the Appellants beseeched the Governorship/Legislative Houses Elections Petition Tribunal, Holden at Asaba (hereinafter referred to as the "the tribunal") with a petition praying for certain specific reliefs. Pleadings were settled and exchanged in accordance with the applicable Rules and Practice Directions. At the conclusion of the hearing, the tribunal, in its judgment of October 19, 2009, (about one year ago) dismissed the petition. Dissatisfied with the outcome of the proceedings, the appellants appealed to this court.

Issues

  • 1
    Whether the Tribunal was not in error in holding that the burden of proving
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