Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1983) JELR 46429 (SC)    

Supreme Court  ·  SC.95/1983 ·  25 Nov 1983 ·  Nigeria
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
judgment of the court
virtue of section
election petition
benue state high court
provisions of section
constitution of the federal republic of nigeria
electoral act
governorship election
time bar
13th day of august
mandatory provisions of section
trial of this petition
high court
federal court of appeal
benue state
national assembly
1st respondent
reasonable time
hearing of the petition
lower court
trial court
constitutional doctrine of separation of powers
entire petition
federal court of appeal act
determination of proceedings
last day
court of law
learned trial judges
time limits
exercise of judicial functions
incumbent governor of benue state
respect of the office of president
fair hearing
said aper aku
purview of the power of the national assembly
date of the election
provisions of the electoral act
legislative house
such control
right of the appellant
notice of appeal
whole election
scope of the competence of the national assembly
time limit
period of time
inability of the federal court of appeal
office of governor

UWAIS, J.S.C. (Delivering the Judgment of the Court): Both the appellant and the 1st respondent were candidates in the governorship election that was held in Benue State on 13th August, 1983. The 1st respondent was declared winner by the 3rd respondent. Consequently the appellant brought an election petition in Benue State High Court at Makurdi against the respondents. In the petition the appellant prayed thus:

"....that it may be determined that the said Aper Aku was not duly elected or returned and that the votes purportedly cast for him in the Ankpa, Oju, Vandeikya, Kwande, Katsina-Ala, Bassa, Dekina, Idah and Gboko Local Government Constituencies were void, and that the said Paul Iyorpuu Unongo was duly elected and ought to have been returned.

In the alternative your petitioner prays that the whole election conducted on the 13th day of August, 1983 be declared null and void and a fresh election ordered."

In his reply the 1st respondent raised the following defences in paragraph 13…

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