The Court of Appeal sitting in Abuja has just delivered Judgment in the appeal of the Social Democratic Party (SDP) against the judgment of the Tribunal which earlier dismissed their election petition.
SDP’s claim that Edward Onoja should have been left as a party to the suit since allegations were made directly against him was upheld. The Court of Appeal held he was denied his right to fair hearing when the Tribunal struck out his name to the petition. However, since the Tribunal has rounded up and is out of time and cannot be called back, there is nothing that can be done now.
SDP’s further allegation that their evidence of their witnesses were not given probative value by the Tribunal was considered by Court of Appeal and deemed as contradictory and empty. Their PW3’s oral evidence was replete with glaring and blaring absurdities and totally unhelpful in proving the petition.
Their PW4 to PW13 were all unreliable. Their evidence collapsed totally under cross-examination.
The Court of Appeal held that SDP as other appellants could not prove how the alleged misconducts and corrupt practices could have affected the outcome of election so as to invalidate the declarations by INEC.
On Edward Onoja it was held that all their allegations against him were not proved. Even if proved, they must still be related to a constitutional or statutory provision which affects the election in question. There is none before the court.
The Court of Appeal therefore dismissed SDP’s petition.
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