FARID KHAWAM VS FOUAD MICHAEL ELIAS
September 10, 2025BABATUNDE JEMI ALADE VS LAWANI ABORISHADE
September 10, 2025Legalpedia Citation: (1960-09) Legalpedia 24828 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Fri Sep 9, 1960
Suit Number: SC 207/1960
CORAM
ADEMOLA, JUSTICE SUPREME COURT
ABBOTT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
J. D. ODEBUNMI
RESPONDENTS
AREA(S) OF LAW
ELECTION PETITION – SUBSTANTIAL COMPLIANCE.
SUMMARY OF FACTS
876 votes casted in favour of the respondent and 607 casted for the appellant were voided due to non- compliance with the electoral rules. The appellant was declared winner with a majority vote of 109.
HELD
The court held that the non- compliance affected the result of the election and that the election was invalid.
ISSUES
whether or not the election was conducted substantially in accordance with the Regulations, and whether the noncompliance, which has clearly been admitted, affects the result of the election.
RATIONES DECIDENDI
MEANING OF THE TERM-‘NON-COMPLIANCE’ IN ELECTION MATTERS.
‘the nonobservance of the rules or forms which is to render the election invalid, must be so great as to amount to a conducting of the election in a manner contrary to the principle of an election by ballot, and must be so great as to satisfy the tribunal that it did affect or might have affected the majority of the voters, or in other words, the result of the election.’ Per Ademola C.J.F
CASES CITED
1. Woodward v. Sarsons, 10 L.R.C.P. 733 at p.743
2. Re Kensington North Parliamentary Elections 1960, 1 W.L.R. 762
STATUTES REFERRED TO
The Elections (House of Representatives) Regulations 1958
