The court considered the 1st ground of appeal about the affidavits expunged
off the record, the court observed that certification of the jurat by the
interpreter rather than the commissioner for oaths was an insubstantial
deviation which never seriously flouted the law.
The court considered the complaint that the exhibits attached to the petition
served on the 1 st respondent were not sealed and certified and the court
observed that in the spirit of dispensing substantial justice, the learned judge
should not have dismissed the matter on a preliminary point of law.
The court also considered whether failure to report irregularities to the
electoral commission precludes court from hearing the petition. The court
observed that the court was right but it did not oust the unlimited jurisdiction
of the High Court and held that the appellant’s case before the High court was
The appeal was allowed and the judge’s judgment was set aside.