Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



TORTI
V.
UKPABI & ORS

(1984) JELR 45267 (SC)    

Supreme Court  ·  SC.109/1983 ·  20 Jan 1984 ·  Nigeria
CORAM
GEORGE SODEINDE SOWEMIMO JSC AYO GABRIEL IRIKEFE JSC MOHAMMED BELLO JSC ANDREWS OTUTU OBASEKI JSC KAYODE ESO JSC ANTHONY NNAEMEZIE ANIAGOLU JSC MUHAMMADU LAWAL UWAIS JSC

Ratio Decidendi

Core Terms Beta
3rd respondent
petitioner
1st respondent
reasonable doubt
federal court of appeal
exhibit m
chief chris ukpabi
respondent
returning officer
senatorial district
standard of proof
exhibit c
state constituencies
election court
issue of admissibility
issue of proper custody
said election
federal electoral commission
learned trial judges
majority of lawful votes
trial court
allegation of falsification of results
evidence of petitioner
proper custody of the returns
said copy
admissibility of the exhibits
agents mr. kalu uko
court of law
j.c.a
only proof
safe custody
active assistance of the police
addresses of counsel
appeal of dr. t.u. torti
conduct of the police
election result
electoral act states
exhibit a
first respondent
following evidence
front of the score of the npn
judges amadi-obi
judgment of the federal court of appeal
judgment of the high court
leading judgment
learned justice of the supreme court
respondent chief chris ukpabi
state commissioner of police
virtue of s.93 evidence act

ESO, J.S.C. (Delivering the Leading Judgment): On 2nd November, 1983, I allowed the appeal of Dr. T.U. Torti, the appellant in this appeal against the judgment of the Federal Court of Appeal. In my judgment I described the system employed by the respondent as simplistic but crude. I will now give my reasons for the conclusion I reached in my judgment.

The background to this case is very simple. Both the appellant, Torti, and the 1st respondent, Ukpabi, were candidates for election to the Umuahia senatorial district. The Federal Electoral Commission (Fedeco), which body was constitutionally set up to conduct the election, declared the first respondent elected. The figures as announced by Fedeco were as follows:

NPN (Ukpabi) 172,071

NPP (Torti) 153,832

thus the NPN had a majority of 18, 239.

In this case the appellant disputed only three constituencies to wit -

(i) Olokoro/Ubakala - wherein Fedeco recorded the NPN as having scored 16535 and the NPP 6224. Whereas according to the content…

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