Burden of proof on petitioner in an election petition  


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14/05/2019 12:30 pm  

"An election petition is a civil matter the burden placed on petitioner is as laid down in sections 135, 136 and 137 Evidence Act and to succeed by credible satisfactory evidence of probability and to succeed on the strength of his own case and not the weakness of respondent's case.

The exception is that where the evidence of the respondent supports the case of the petitioner, he can rely on that piece of evidence which supports his case to establish petitioner's case."

Per ONALAJA, J.C.A. in ADEYEMO ONIFADE V MUSLIM RAHEEM OYEDEMI  http://www.lawpavilionpersonal.com/newfulllawreport_cc_ep.jsp?suite=olabisi@9thfloor&pk=CCN/1/2/99&apk=16950

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