Paragraph 44
Evidence of respondentAt the hearing of an election petition complaining of an undue return and claiming the seat or office for a petitioner, the respondent may, subject to the provisions of paragraph 12 (2), give evidence to prove that the election of the petitioner was undue in the same manner as if he were the person presenting the election petition complaining of the election.
Paragraph 44 empowers a Respondent to an election Petition complaining of undue return to
assume
the position of a Petitioner and give evidence to prove that the election of the Petitioner
was
undue.
Read Makinde v Adekola (2022) 9 NWLR (Pt. 1835)13
