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SAMUEL IORAER ORTOM V. EMMANUEL JIME, ALL PROGRESSIVES CONGRESS (APC) , INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & PEOPLES DEMOCRATIC PARTY (PDP)

(2019) JELR 110866 (CA)

Court of Appeal  •  CA/MK/EP/GOV/11/2019  •  23 Aug 2019  •  Nigeria

Coram
Helen Moronkeji Ogunwumiju, JCA Onyekachi Aja Otisi, JCA Mudashiru Nasiru Oniyangi, JCA Mohammed Mustapha, JCA Ebiowei Tobi, JCA

Appearances
S.T. Hon SAN with him J.J Igbabon, Esq. Comfort Ada Ocheme Apeh, Esq., B.A. lorheghem, Esq., Alfred Tijah, Esq. and Msughter Alabar, Esq. For the Appellant K.K. Eleja, SAN with him, Prof. B. Omipidan, Esq., Mike Abaagu, Esq., O.M, Omalae Omale, Esq. and A.O. Usman, Esq. for 1st and 2nd Respondents Genesis Francis, Esq with him, Nguevese Tine Tur, Esq. for 3rd Respondent E. A. Yange, Esq. with him Emeka Okoro. Esq., Grace E. Odeh, Esq., Emmanuel Tor, Esq. and F.M.Z Uwar, Esq. for 4th Respondent.

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Governorship Election Tribunal for Benue State sitting in Makurdi delivered on 15/07/2019 in the course of taking evidence of PW15. The Appellant and other respondents in the petition had objected to the PW15 testifying in the case on the ground that he was one of the legal practitioners listed in the petition and all processes filed by the petitioners as counsel to the Petitioners. Also that it was PW15’s office that was used as address for service on the Petitioners. The Tribunal after taking arguments from all parties, for and against the objection, gave its ruling overruling the objections and allowed the PW15 to testify.

At the hearing of the appeal, the sole issue donated for determination by the Appellant is as follows:-

Whether or not it was valid, proper and competent for PW15 to act simultaneously as both counsel and witness in Petitioners’ case. Distilled from gro…

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