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Thus, here again, proof would have been required to show that the bulk of the
electoral spectrum was affected. That proof was lacking.
We are therefore not prepared to take the course of our esteemed colleague
and explore that realm of speculation or sacrifice the law for convenience. The
evidence must be overwhelming such as would warrant this Court ordering that
new elections ne held from scratch. There can be no lesser standard. The parties
involved in the process were expected to appreciate all of the intricacies of
elections today, unlike in the pass, and hence that they will put into place every
safeguard to protect their interest and ensure that they are not cheated, that the
elections are not rigged, and that the elections are free, fair and transparent. The
evidence did not show that they sufficiently deployed personnel to guide and
protect their interests. Otherwise, they would have be able to gather the evidence
required to make the case of massive fraud and irregularities throughout the
electoral process and covering the entire nation or a greater part of the nation.
We hold therefore that while the appellants did show that indeed fraud and
irregularities were committed during the October 10, 2017 presidential and
legislative elections at the centers for which evidence was presented, there was a
rather strange lack of evidence by the appellants that those fraudulent acts and
irregularities occurred throughout the country and at the greater number of polling
places or that they were of such magnitude as to justify the cancellation of the
October 10, 2017 elections and the ordering of a rerun as opposed to a run-off.
Our review of the records revealed two important points: (a) that indeed and
in fact there were elections violations and irregularities by persons employed by
the NEC to participate in the conduct of the October 10, 2017 Presidential and
Representatives Elections; and (b) that although there were violations, they were
not shown to be so overwhelming as to enable us to draw the conclusion that the
results would have been different had the violations and irregularities not
occurred.
We do not here say that the violations and irregularities were not of the
magnitude alleged by the appellant or that they may not have been of the
magnitude alleged. They very well could have been. All we say, however, is that the
first and second appellants did not produce the evidence in such magnitude as to
lead to the conclusion that violations and irregularities were widespread or was of