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…

OMOBORIOWO & ORS V. AJASIN.

OMOBORIOWO & ORS
V.
AJASIN.