On whom lies the onus of proving over - voting in an election.
There is need for a Petitioner who alleges over-voting to lead concrete evidence to show that there was indeed over-voting and that it inured to the winner of the contest. Without doubt, over-voting in an election can be in favour of either the Appellant, the Respondents or other contestants who participated and lost out at the election but are not parties to the Petition. Therefore, the onus is on the Petitioner to show that the over-voting was in favour of the Respondent and that it was as a result of the over-voting that the 1st Respondent won the election. This is why the law requires the Petitioner to lead evidence right from the polling unit in order to show that the alleged over-voting was solely to the advantage of the Respondent.
[Pp. 34-35] Paras. G-B
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