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MISS JESSY BETHEL FINEBONE v. MR. DAVID BROWN & ORS

(1999) JELR 43826 (CA)

Court of Appeal  •  CA/PH/EP/75/99  •  22 Mar 1999  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; MICHAEL EYARUOMA AKPIROROH JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

AKAAHS, J.C.A. (Delivering the Leading Judgment): This appeal is centred on evaluation of evidence which is the primary function of the trial court/tribunal.

The only time an appellate court is allowed to undertake a re-evaluation of evidence is when the exercise is not carried out or when the conclusions reached do not flow from the facts or evidence adduced.

The facts giving rise to this appeal may be briefly stated as follows:

The petitioner/appellant and the 1st respondent were contestants in the Ward 6 councillorship election of Opobo/Nkoro Local Government Area of Rivers State which took place on 5th December, 1998. The 1st respondent who was sponsored by the All Peoples Party (A.P.P) defeated the petitioner/appellant, candidate of the Alliance for Democracy (A.D.) by polling 2,588 votes to the petitioner's 2,315 votes. She therefore challenged the declaration of 1st respondent as winner by claiming that she won majority of lawful votes in the said ward 6 councillorship election…

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