Imo Guber Judgement: ‘We admitted result sheets by Uzodinma because INEC did not object’ – Supreme Court
The Supreme Court on Thursday gave more clearification on the Imo state Gubernatorial Judgement.
The apex court disclosed that the result sheets by Uzodinma became admissible because the Independent National Electoral Commission, INEC, did not counter them when produced by the APC governor.
In a copy of the judgment released yesterday, the Supreme Court explained that the Court of Appeal and the election petition tribunal misread the pleadings by Uzodinma and APC in their dismissal of the petition and appeal.
Recall that the Supreme Court had sacked Emeka Ihedioha of the Peoples Democratic Party, PDP, as governor of Imo State while declaring that Uzodinma takes over the affairs of the state.
Supreme Court had said the main issue by Uzodinma and APC was that votes due to them in 388 polling units were excluded, which when added would have emerged winners.
However, in the lead judgment read by Justice Kudirate Kekere-Ekun, the Supreme Court 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 the genuine results. Not only must the allegations be proved beyond reasonable doubt, 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.