The appellants argued that they were denied the right to fair hearing, that the trial judge premised his judgement on allegations of bribery which hadn’t been pleaded or in alternative had not been proved. Court disagreed with the appellanst and held thath the trial judge had been right in accepting the numerous instances of bribery of voters which the respondent had proved was premised on persuading them to vote for the 2nd appellant.
Court considered the allegations of disenfranchisement as alleged by the respondent of her voters at trial.
Court found that there had held disenfranchisement at Gwafu I and Gwafu II and other polling stations, when a number of voters who had been issued voters’ cards to vote at Gwafu I and II did not vote because they were told on polling day that their stations were non-existent.
The court majority dismissed the appeal while the minority agreed with the appellants on the basis that the electoral offences had not been wide spread.
