The Supreme Court says the result sheets produced by Hope Uzodinma of the All Progressives Congress in the March 9, 2019 governorship election in Imo State were admissible because the Independent National Electoral Commission didn’t counter them.
In a copy of the judgment released by the apex court on Thursday, it said the Court of Appeal and the election petition tribunal misread the pleadings by Uzodinma and APC in their dismissal of the petition and appeal.
The election of Emeka Ihedioha of the Peoples Democratic Party who polled 273,404, was annulled by the Supreme court last week, while Uzodinma who polled 96,458 votes was declared winner after his 213, 695 votes from 388 polling units were added to his total result.
The Supreme Court maintained that the main issue by Uzodinma and APC was that votes due to them in 388 polling units were excluded, which if added, they would have emerged winners.
Justice Kudirate Kekere-Ekun, while delivering the lead judgement said while INEC alleged that the results pleaded by Uzodinma, through the police officer, were false, it did not call any witness and did not tender any documents to counter it.
“Having pleaded that the documents are false, the respondents made allegations of a criminal nature against the appellants. They were required to plead the specific elements of fraud and lead evidence showing genuine results. Not only must the allegations be proved beyond a reasonable doubt, but it must also be proved that the appellants personally committed or aided and abetted the commission of the crime or that they procured the commission of the crime through their agents or officials,” she said.