SENATOR (SIR) I. G. ABANA V. CHIEF BEN OBI INDEPENDENT NATIONAL ELECTORAL COMM ISSION (INEC) CHIEF ELECTORAL OF FICER/ CHAIRMAN, INEC RESIDENT ELECTORAL COMMISSIONER, ANAM BRA STATE RETURNING OFFICER FOR ANAMBRA CENTRAL SENATORIAL DISTRICT V. CHIEF FLINT OBIEKWE V. CHIEF BEN OBI (SIR) I. G. ABANA PEOPLES DEMOCRATIC PARTY (PDP) ANAMBRA STATE RESIDENT ELECTORAL COMMISSIONER OF INEC INDEPENDENT NATIONAL ELECTORAL COMMISSIONER (INEC) RETURNING OFFICER FOR ANAMBRA CENTRAL SENATORIAL DISTRICT

DONGBAN-M ENSEM JCA (Delivering the Lead Ruling): In a motion on notice, the appellant/applicant seeks the order of this court:

1. “granting leave to adduce fresh and/or additional evidence on appeal.”

2. “ ... that such fresh evidence be received by affidavit or by deposition taken by an examiner or commissioner of oaths or as this honourable court may direct.”

3. “ ..... such further or other order(s) as this honourable court may deem fit to make in the circumstance.”

The grounds for the application are:

“1. That the appellant/applicant was not aware of the existence of the additional evidence sought to be adduced during the proceedings at the lower Tribunal.

2. That the evidence if admitted would have a far-reaching effect on the result of this appeal.

3. That the appellant/applicant only became aware of the said evidence after the matter was concluded before the lower Tribunal.”

Supported by an affidavit of sixteen paragraphs deposed to by Tola Oshodi Esquire, the affidavit has four exhi…