(1963) JELR 40155 (SC)    

Supreme Court  ·  F.S.C.362/1962 ·  22 Jan 1963 ·  Nigeria
Other Citations
(1963) 1 All N.L.R 31
LIONEL BRETT Justice of The Supreme Court of Nigeria JOHN IDOWU CONRAD TAYLOR Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria
Core Terms Beta
mr. nya
obi okoye
advertised hours
corrupt practices
election petition
present appeal
presumption of regularity
successful candidate
trial judge
advertised times
appellant chief williams invites
direct evidence
eastern house of assembly
e. e. cole
election of the appellant invalid
electoral roll
e. school
evidence warrants
further particulars of these general allegations
general allegation
general burden of proof
general rule
isong inyang
kensington north parliamentary election
l. e. nya
majority of lawful votes
mr. obi okoye
only possible conclusion
opinion mr.
polling agents
polling boxes
polling stations
presiding officers
question of the burden of proof
regards stations 3a
second time
stations 3a
total number
valid votes
various irregularities
various polling stations
view of regulation
wording of the corresponding section of the ballot act
worthy of credit

BRETT, F.J.:-The appellant was the successful candidate at the election for the Eastern House of Assembly held on the 16th November, 1961, in the Calabar West constituency. The respondent was the only other candidate, and the appellant was returned as elected by a majority of 183 votes. The total number of registered voters seems to have been 34,662, and the returns showed 14,741 valid votes as having been given, a proportion of roughly 3 in 7. The respondent brought an election petition challenging the return, and Idigbe, J., gave judgment on the petition, declaring the election of the appellant invalid. The present appeal is brought against that judgment.

The petition alleged various irregularities which were said to have affected the result of the election, and concluded with a general allegation that the appellant had been guilty of corrupt practices and that he had not been elected by a majority of lawful votes. No further particulars of these general allegations were asked for, …

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