CORAM
ADEMOLA, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
MARCUS W. UBANI
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
ELECTION PETITION – FUNDAMENTAL HUMAN RIGH CLAIMS-COSTS- DISCRETION
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellants sought to render election conducted on a Saturday invalid on the grounds that over 10, 000 voters who were members of the Seventh Day Adventist church could not vote due to their religious prescription. The 1st appellant lost the election by over 20,000 votes.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the appellants’ complaint is not a ground for challenging an election under section 6 of the Federal Legislative Houses (Disputed Seats) Regulations 1959 but that the cost awarded against them was excessive.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the conduct of the election on a Saturday did not violate the fundamental human rights of the voters who could not vote by reason of their religion. Whether the award of 400 guineas damages against each of the appellant was not excessive
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
1. WHETHER BREACHES OF FUNDAMENTAL HUMAN RIGHTS IS A GROUND FOR CHALLENGING AN ELECTION
‘Breach of fundamental human rights must be raised timeously and it is not a ground for challenging an election under section 6 of the Federal Legislative Houses (Disputed Seats) Regulations 1959.’ Per Ademola, C.J.F
2. WHEN AN APPELLATE COURT WILL INTERFERE WITH EXERCISE OF DISCRETION BY A COURT.
‘Costs are matters within the discretion of the trial Judge. As a rule this Court will not interfere with the Judge’s discretion except where proper principles were not taking into consideration in the exercise of the discretion.’ Per Ademola, C.J.F
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
O. N. Rewane v. Festus Sam Okotie-Eboh, 5 F. S. C. 200
STATUTES REFERRED TO
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The Federal Legislative Houses (Disputed Seats) Regulations 1959