Wednesday, 9 September 2015

Smart verses Dino: Tribunal admits used ballot papers in evidence

The National and State Assembly Election Petitions Tribunal in Kogi on Tuesday admitted in evidence, ballot papers and other documents used in the March 28, election for Kogi West Senatorial District.
The admission followed the ruling by chairman of the three-member panel, Justice Akon Ikpeme that the documents had met the conditions for such admission.
Ikpeme made the declaration at the commencement of accelerated hearing into the re-trial of the petition filed by Sen. Smart Adeyemi of the PDP challenging the return of Sen. Dino Melaye of the APC as winner.
The documents include, ballot papers used in the election in 21 polling units from Lokoja and Kabba/Bunu Local Government Areas; INEC Guidelines and Regulations for the 2015 election; Form EC8(1) and a bag of unused ballot papers.
She said that the documents as presented met conditions provided for in Section 112 and now 104 of the Evidence Act for direct admission.
According to her, the conditions include: whether the documents are pleaded, whether they are relevant and whether they are admissible in law.