affidavits are the same in material particular. It was counsel contention that the
witnesses did not state whether they had previously checked their names during the
update exercise.
It was further contended for the appellants that voters at Gwafu I and II had appeared
in registers at different polling stations as per the evidence of Andrew Songa. This
witness was an Election Official in charge of voter registration in Central Region and
his evidence should have been accepted to that effect by the trial judge. The number
of persons who were allegedly supposed to vote at Gwafu I and II was not
ascertained. The alleged complaint lodged by the respondent was made on polling
day.
Appellants submitted that the claim by the respondent that the disenfranchised voters
at Gwafu I and II were over 1000 is not supported by evidence. It was also wrong
for the learned trial judge to have found that it was those who were to vote for the
respondent that were disenfranchised.
It was the contention of the appellants that a close analysis of the affidavits in support
of the petition were exactly the same save the names of the deponents and polling
stations. In their view, the evidence was concocted. According to the appellants,
there is no evidence to show that it is only persons who were to vote for the
respondent that were not on the Register.
Counsel further contend that another category of alleged disenfranchisement was
persons who allegedly went to some polling stations and the Returning Officers
hurriedly checked their names and told them to go away as their names were not in
the Register. In yet another category, the deponents claim that they found their
names missing during display and pointed out the anomaly to the Returning Officer
who promised to rectify the same but on voting day their names were missing.
In both categories, counsel contend that the Returning Officer for the whole District
was not a Display Officer at every polling station. Therefore, it is inconceivable that
all these witnesses individually notified the Returning Officer. They do not show
how they notified him. According to counsel, a perusal of these witnesses’ affidavits