Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OMOBORIOWO & ORS
V.
AJASIN.

(1984) JELR 46462 (SC)    

Supreme Court  ·  SC.98/1983 ·  6 Jan 1984 ·  Nigeria
CORAM
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
petitioner
1st respondent
electoral act
federal court of appeal
trial court
local government
returning officer
2nd respondent
local government areas
majority of lawful votes
ondo state
high court
allegations of crimes
chief ajasin
chief judge of ondo state
evidence of the petitioner
federal electoral commission
polling station
total number of votes
admissibility of the documentary evidence
hearing of the appeal
number of judges
office of governor of ondo state
schedule of total valid votes
2nd appellants
better understanding of the issue
chief electoral officer
chief omoboriowo
close of poll
correctness of the figures
declaration of results
determination of the appeal
ekiti south
exhibit peti-40
following cases
form ec40j
form ec8b.
issues of jurisdiction of the trial court
leading judgment
local government collation centre
local government level
majority of the lawful votes
ordinary standard of burden of proof
pleadings of a particular case
presence of the political party
presiding officer
respect of the total votes
split decision
such denial
virtue of the provisions of sections

BELLO, J.S.C. (Delivering the Leading Judgment): At the election to the office of Governor of Ondo State held on 13th August 1983, the returning officer returned Chief Omoboriowo, hereinafter referred to as the 1st respondent, as having won the election. Chief Ajasin, hereinafter referred to as the petitioner, who was one of the unsuccessful candidates at the election filed a petition in the High Court, Ondo State complaining against the return. He joined the 1st respondent and the Chief Electoral Officer for Ondo State, hereinafter referred to as the 2nd respondent, as the respondents. The ground for the petition was that the 1st respondent was not duly elected by a majority of lawful votes at the election but that the petitioner was duly elected by a majority of the lawful votes and that he ought to have been returned. The High Court which consisted of five judges unanimously gave judgment for the petitioner by declaring that the 1st respondent was not duly elected or returned and t…

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