On twenty one grounds of appeal sidney invokes the court of Appeal sitting in Owerri.Amonst other ground he seeks the reversal of the judgemet of one Justice Adebara on ground that:
The learned Tribunal erred in law and thereby occasioned a miscarriage of Justice when they refused to admit the compact disk containing the video clips/recordings of a meeting held by one Uche A.K.A Bawas, the husband of the 1st respondent and the INEC’S adhoc Staff on the eve of the election wherein strategies were perfected on how to rig the election.
PARTICULARS OF ERROR:
(1)The video clips contained in the compact disk were duly pleaded and listed by the 1st petitioner
(2) The video clips were made by the 1st petitioner through his Macintosh surveillance cameras.
(3) The facts covered by the video clips were duly pleaded and evidence were led on them
(4) The requisite certificate were filed in respect of the video recordings.
The issue that arises from the ground above is :
Whether or not the Tribunal was right when it refused to admit hard evidence contained in compact disk tendered by the Appellant.
This issue is distilled from grounds 16,17 and 18 of the grounds contained in the Notice of Appeal.
The facts contained in the video clips and feed were pleaded at paragraph 31 on page 414 of the Records Volume 1, Paragraph 12 at page 417 of the records and Paragraph 16 of the list of document in page 421. Evidence was given in paragraphs 10,11,12, 13,14,15 and 16 on page 425 of the records volume 1. The video clip/feed is relevant for the just determination of the Election petition.
The main crux of the Appellants’ case is that INEC ( the 3rd respondent) was compromised at a nocturnal meeting held between her presiding officers and the Husband of the 1st respondent. The proceeding of the meeting wherein plans were perfected to rig the election were captured by the 1st Appellant’s surveillance micro camera. The video clips were listed by the Appellants’ and a Certificate pursuant to section 84 of the evidence Act was filed by the Appellants at pages 505-506 of the Records volume 2 but The video clips contained in a compact disk were wrongfully rejected in evidence by Justice Adebara who presided over the moot trial.
The rejection of the video clips occasioned miscarriage of justice on the appellant because if the videos contained in the compact disk were admitted and the contents acted upon by the Tribunal, the Tribunal would have reached a different decision which would have been favorable to the appellant.
The Appellant urges the Honourable Appellate Court to hold that the rejection of the video clip was wrongful and to act on the video recordings.
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