Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NWOBODO
V.
ONOH & ORS

(1983) JELR 46436 (SC)    

Supreme Court  ·  SC.96/1983(2) ·  8 Oct 1983 ·  Nigeria
CORAM
GEORGE SODEINDE SOWEMIMO JSC AYO GABRIEL IRIKEFE JSC MOHAMMED BELLO JSC ANDREWS OTUTU OBASEKI JSC KAYODE ESO JSC AUGUSTINE NNAMANI JSC MOHAMMADU LAWAL UWAIS JSC

Ratio Decidendi

Core Terms Beta
petitioner
electoral act
order
court
evidence act
reasonable doubt
1st respondent
election petition
returning officer
standard of proof
amount of security
judgment of the federal court of appeal
later date
provisions of section
anambra state
federal court of appeal
majority of lawful votes
onus of proof
trial court
chief jim nwobodo
chief judge
federal electoral commission
high court of anambra state
main issues
office of governor of anambra state
payment of security
allegations of falsifications
award costs
chief c. christian onoh
chief federal electoral officer
chief federal electoral officer of the state
combined effect of sections
course of the proceedings
discharge of the burden of proof
falsity of the return exhibit rr1
following questions
gubernatorial election
hearing of the petition
issue of the admissibility of elections returns
judgment of the high court of anambra state
leading judgment
learned counsel
order of court
peculiar type of civil proceedings
proof of a crime
purpose of hearing evidence
resident federal electoral commissioner
return of the 1st respondent
split decision
unsuccessful candidate

SOWEMIMO, J.S.C. (Presiding and Delivering the Leading Judgment): This appeal was brought to this Court from the Federal Court of Appeal, Enugu. The judgment of the Federal Court of Appeal, given unanimously, set aside the judgment given by a High Court of Anambra State sitting as a panel of five judges to decide on an election petition.

The election petition was filed by appellant before us, Chief Jim Nwobodo. He was the unsuccessful candidate in the gubernatorial election for the office of Governor of Anambra State. The 1st respondent before us, Chief C. Christian Onoh, was declared by FEDECO as the successful candidate in the same election. It is against this declaration that the petitioner has filed this petition. The other respondents before us are

(a) the Chief Federal Electoral Officer for Anambra State, one Mr. Ejeh,

(b) the Resident Federal Electoral Commissioner, one Brigadier Ignatius N. Obeya (Rtd.), and

(c) the Returning Officer, one Mr. E. N. Mbonu.

For the purpose of th…

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