Court strikes out witness statements made by 13 out of 27 witnesses called by the People’s Democratic party.
Given the provisions of paragraph 45(6) of the 1st schedule of the Electoral Act, the witness statements on oath ought to have been front-loaded when the petitioners filed their petition.
This has therefore rendered their statement incompetent
Order 3 rules 2 of the federal high court civil procedure rules, which allows for the filing of a list of additional witnesses after pleading does not apply.
Advertisement
The provisions of the federal high court rules are subject to the provisions of the 1st schedule of the Electoral Act.
Witness deposition filed and not listed at the time of filing the petition cannot be countenance by the court.
Related posts:
Presidential election petition tribunal judgment resumes proceedings, 62 witnesses called so far
President Elect ask court to strike out PDP’ list of witnesses, documents.
Tinubu asks court to strike out PDP’ list of witnesses, documents
BREAKING: Presidential election petition tribunal judgment- Court dismisses petition in its entirety
Presidential Court Dismisses PDP, Atiku’s Case Against Tinubu
Presidential Judgment: S’Court dismisses PDP’s application to tender new evidence
Update: Supreme Court dismisses PDP’s petition in Kogi Election
Update: Supreme Court dismisses PDP’s suit challenging election of Tinubu
