S’court: INEC, Ihedioha Failed to disprove results tendered by Uzodinma, Police
The supreme court stated that it admitted election materials that Hope Uzodinma and the police tendered in the appeal against the Imo governorship election result because the Independent National Electoral Commission (INEC) and Emeka Ihedioha failed to disprove them.
A copy of the judgment obtained by our correspondent the Supreme Court said while INEC argued the documents tendered by the APC candidate were falsified, it could not establish enough evidence to prove this.
Uzodinma’s main argument was that his votes from 388 polling units were excluded at the collation stage. To argue this, he tendered some election materials including documents said to be duplicate of the original election result.
In the judgement, the apex court said: “Having pleaded that the documents are false, the respondents made allegation of criminal nature against the appellants.
“They were required to plead the specific elements of fraud and lead evidence showing the genuine results. Not only must the allegation be proved beyond doubt, it must also be proved that the appellants personally committed the forgery or aided and abetted the commission of the crime or that they procured the commission of the crime through their agents or officials.
“Although they relied heavily on the assertion that exhibits PPP1 – PPP366 were fake, no evidence was adduced to prove the assertion at all, let alone beyond any reasonable doubt.”
It agreed with Uzodinma’s counsel that contrary to the decision of the appellate court, the documents tendered “being duplicate originals” do not require any certification.
The respondents failed to prove that the documents were fake or forged.”