HON. PATRICK C. ONUOHA V CHIEF R.B.K. OKAFOR CHAIRMAN N.P.P.
July 24, 2025H. R. SANYAOLU V. MRS SHOLA COKER & ANOR
July 24, 2025Legalpedia Citation: (1983) Legalpedia (SC) 11210
In the Supreme Court of Nigeria
Thu Sep 29, 1983
Suit Number: SC. 94/1983
CORAM
PHILIP NNAEMEKA-AGU JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
MOHAMMED BELLO, JUSTICE, SUPREME COURT
ANDREWS OTUTU OBASEKI, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
PARTIES
ALHAJI WAZIRI IBRAHIM APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The petitioner in his petition set out various grounds of malpractices and corruption in the conduct of the presidential election
HELD
The Court held that the findings of fact by the two courts below have not been shaken and no ground has been established for this court to interfere with the findings of fact. The appeal was therefore dismissed.
ISSUES
Whether a returning officer or an Assistant Returning Officer as an agent of the second respondent or any other official of the Federal Electoral Commission can amend, alter or obliterate Returns of figures contained in obliterate Returns described in the exhibits admitted in this petition as Form EC.BB – Declaration of Result of Poll Presidential Election, without a High Court order by way of an election petition in accordance with sections 65(4), 66, 68, 70 and 119(1) of the Electoral Act 1982 and under the principle laid down by the Supreme Court in the case of Okunola v. Ogundiran and Another (1962) 1 All NLR. p. 83.”
RATIONES DECIDENDI
SUBSTANTIAL COMPLIANCE WITH THE ELECTORAL ACT
A return to an election will not be voided if it appears to any court hearing the petition that challenges the return that there was substantial compliance with the provisions of Part II of the Electoral Act.Per Obaseki, JSC
ATTITUDE OF THE SUPREME COURT TO CONCURRENT FINDINGS OF THE LOWER COURT
“This court would always be loath to disturb two concurrent findings of fact against an appellant. No new issue was raised on behalf of the appellant to warrant such a disturbance.” Per Irikefe, JSC
CASES CITED
Lamai V. Chief Orbih – 1980 5 – 7 Sc. P.28
Mogo Chinwendu V. Mbamali 1980 3 – 4 Sc. P.31
STATUTES REFERRED TO
The Electoral Act, 1982
