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The Cross Appeal By Sen. Aisha and APC

By Barr. S.B Paul.

Awonikoko SAN for Sen. Aisha and APC introduces the appeal, tries to adopt their cross-appellant briefs.

Kanu Agabi SAN for Gov. Darius rises informing the Court that he filed a notice of objection to ground 3 and 4 of the cross-appeal, he adopts his notice of objection.

Awonikoko SAN then proceeds to adopt their cross-appellants brief of argument; he tells the court that they are only appealing against some of the portions of the tribunal judgment and urged the court of appeal to allow their cross-appeal.

Kanu Agabi SAN for Gov. Darius also adopts his cross-respondent brief. He argues that the cross-appeal has no merit whatsoever in that the cross-appeal alleges of over voting which is a corrupt practice.

He stated that the cross-appellants abandoned the ground of corrupt practice in the Tribunal.

He stated that all references to card reader by the tribunal was no longer necessary since the cross-appellant had left the issue of over voting. The petitioners cannot say over voting marred the election and yet claimed on another breath that they are the winners of the said election.

There was no severance of pleadings by the petitioners as decided by the Supreme Court in Gundiri vs. Nyako. He urges the court to dismiss the Cross appeal.

Solo Akuma SAN for P.D.P also urged the court to reject the cross-appeal by Sen. Aisha and A.P.C.

JB Daudu SAN for INEC also urged the court to reject the Cross Appeal by Sen. Aisha and APC. He concluded by saying that exhibit A2, which is the card reader report amounts to hearsay and the court cannot rely on it.

The court of appeal after hearing all these appeals have reserved Judgment to a date which shall be communicated to counsel and their parties.

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