DURU VS INSPECTOR-GENERAL OF POLICE
September 3, 2025CHUKWU OBAJI VS THE STATE
September 3, 2025Legalpedia Citation: (1965-08) Legalpedia 38845 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Thu Aug 12, 1965
Suit Number: SC 273/1965
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
COKER JUSTICE, SUPREME COURT
IDIGBE JUSTICE, SUPREME COURT
PARTIES
CHIEF REECE EDUKUGHO
APPELLANTS
JEMIDE AWANI
RESPONDENTS
AREA(S) OF LAW
ELECTION PETITION
SUMMARY OF FACTS
The respondent, was the petitioner in the High Court of the Mid-West Region at which the appellant was declared not duly elected and the election was nullified, thereby leading to this appeal.
HELD
Allowing the appeal
ISSUES
(1) On the election day Monday 3rd February, 1964 at Saba polling station in the Warri South-West Constituency, voting was suspended for several hours and very many registered voters who had come in the interval to cast their votes could not therefore do so and they had to return to their distant and scattered homes in the creeks; furthermore, that time for voting was not extended at this station to make up for the loss of time.
(2) On the election day, Monday 3rd February, 1964, at Saba polling station, during voting hours, the Presiding Officer, James Atotuoma Atsigbede was found inside the polling booth near the ballot box bearing the symbol of 1st respondent with 50 stamped ballot papers already detached from two booklets.
RATIONES DECIDENDI
IRREGULARITY THAT WILL UPSET AN ELECTION
It is clear that irregularities to upset an election must be substantial and not mere informalities. Per Ademola CJN
CHARACTERISTICS OF A TRUE ELECTION
An election which is conducted in such a way, and which whether by accident or by design, does not afford to a very large mass of the electors an opportunity of voting, cannot be a true election of members. Per Ademola CJN
CASES CITED
Borough of Hackney Case (1874) 31 L.T. 69.
STATUTES REFERRED TO
Parliamentary Electoral Regulations 1960
