MUDASHIRU NASIRU ONIYANGI, JCA (Delivering the Leading Judgment): This is an appeal against the interlocutory ruling of the Governorship Election Petition Tribunal for Edo State sitting in Benin and delivered on the 10th day of February 2017 wherein the Tribunal refused the Petitioners application for an order for continuation of the counting of the ballot papers until the counting is concluded. (see page 1432-1437 of vol.2 of the record).
The summary of the fact leading to this appeal as can be gleaned from record of appeal is that, on the 7th day of February 2017, the Petitioners before the lower Tribunal proceeded with a subpoenaed witness invited by a subpoena duces tecum in person of Ahmed Suleiman an Admin Officer with INEC office, Benin. The said INEC staff delivered to the Tribunal Eight (8) bags of used ballot papers for Akoko-Edo, Egor, Etsako East and Etsako West Local Government Areas.
Just after delivering the 8 (Eight) bags of the said used ballot papers for Akoko Edo, Ego…