31.
As to which evidence should be accepted is a matter for me to decide at
the close of all evidence.
32. For these reasons, I am not satisfied that there is no evidence to prove the
date of nomination ofthe first respondent.
Elector
33. There is no contest that the person identified as being bribed is one
August Punion. There is also no contest that the name August Punion is not on
the Common Roll for Gazelle Open electorate. There is a name "Lakit Punion".
34.
August Punion said that he is also known as Lakit Punion.
35. An "elector" is defined in Section 3 of the Organic Law as " a person
whose name appears on a Roll as an elector
36. If August Punion said that he is an elector, his name, must appear on the
Common Roll for Gazelle Open electorate. This view appears too legalistic and
technical but that is the only way to put to rest the elector identity issue. Here
the name "August Punion" does
37. He can explain why he is also Lakit Punion or why the Common Roll is
flawed and should not be accepted on face value, or he was allowed at polling to
vote under the name, Lakit Punion, but the bottom line is, August Punion which
is the name he swore his affidavit by, does not appear anywhere in the Common
Roll.
38. Compare this case with Bryan Kramer v. Nixon Philip Duban & Andrew
Trawen (No.3)(2013) N5215 where a no case application was refused because
no Common Roll for the electorate was produced to verify if the persons who
were allegedly bribed and unduly influenced and called to give evidence that
they were registered voters, were accepted as registered voters.
39.
Here, there is a Common Roll which does not support the assertion by
August Punion that he is an elector within the meaning of under Section 3 of the
Organic Law.