The three separate appeals were brought by the Peoples Democratic Party , Independent Electoral Commission and Dino Melaye, with the three of them praying the appellate court to set aside the majority decision of the tribunal which voided the election of Melaye of Kogi West Senatorial District.
The party claimed that the tribunal failed to evaluate the testimonies of its witnesses while no reference was made to all the documentary evidence it supplied before the tribunal came to a wrong conclusion of over voting, even when the petitioner did not tender voter register. In the second appeal filed by INEC, through its lawyer, Kola Olowookere, the Appeal Court was urged to dismiss the allegation of mutilation of election result and favouring a particular candidate as alleged by the petitioner, Senator Smart Adeyemi and the All Progressives Congress APC.
The third appeal filed by Dino Melaye and argued by Dr. Onyechi Ikpeazu , urged the Appeal Court to set aside the over voting decision of the tribunal because it was based on hearsay instead of polling units agents’ results However, Senator Adeyemi and the All Progressives Congress opposed the arguments of the appellants and pleaded with the appellate court to dismiss the three appeals because appellants were not denied fair hearing and that the tribunal based its findings on over voting on the report of INEC which comprehensively contained the number of collected voter cards unit by unit.
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