MOHAMMED MUSTAPHA, JCA (Delivering the Leading Judgment): This appeal is against the decision of the National and state Houses of Assembly Election Petition Tribunal sitting in Abeokuta, Ogun state, delivered on the 30th of October, 2023.
Dissatisfied with the judgment the appellant appealed to this court by a notice of appeal filed on the 12th November, 2023 on ten grounds; see pages 1043 to 1054. From these grounds the following issues were formulated for determination on behalf of the appellant:
WHETHER the Chairman and members of the Lower Tribunal misdirected themselves in law when they dismissed the Appellants' petition due to their failure to evaluate and accord probative value to the evidence of the Appellants' witnesses and the Exhibits tendered through them. (Distilled from Grounds 2, 3, 4, 5, 6, 7 and 10 of the Notice of Appeal).
WHETHER the Lower Tribunal erred in law when it dismissed the Appellants' petition based on nonproduction of BVAS machine. (Distilled from Grounds 8 …