BISHIR BABBA v. IBRAHIM ABDULLAHI TAFASHIYA & ORS
June 27, 2025MUHAMMADU DANGI JULI & ANOR v. ALH. YAHAYA MOH’D & ORS
June 27, 2025Legalpedia Citation: (1999) Legalpedia (CA) 18101
In the Court of Appeal
HOLDEN AT PORT HARCOURT
Thu Mar 18, 1999
Suit Number: CA/PH/EP/72/99
CORAM
ATINUKE OMOBONIKE IGE
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT (Read the Leading Judgment)
ABOYI JOHN-IKONGBEH
PARTIES
1. GRANVILLE I. ABIBO, ESQ2. TAMUNO BELEMA DATORU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st and 2nd Appellants who were candidates of the Peoples Democratic Party (PDP) and National Solidarity Movement (NSM) respectively contested the chairmanship election in Okrika Local Government Area alongside the 1st Respondent who contested under the umbrella of the All Peoples Party (APP). The election was conducted by the 2nd and 3rd Respondents. At the end of the election, the 1st Respondent was returned as the winner of the election. The Appellants been dissatisfied with the result of the election challenged the return of the 1st Respondent as winner of the election. At the end of the trial, the tribunal dismissed the petition. Dissatisfied with this decision the Appellants have lodged the instant appeal.
HELD
Appeal Dismissed
ISSUES
Whether the tribunal was right in holding that the appellants did not prove beyond reasonable doubt their allegation of the election being marred by corrupt practices and that the election was conducted in substantial compliance with the electoral Decree.
RATIONES DECIDENDI
PROOF OF NON-COMPLIANCE WITH ELECTORAL PROCEDURE – NATURE OF NON COMPLIANCE THAT CAN VITIATE AN ELECTION
“It is relevant to observe that for a petitioner to rely on non-compliance to vitiate an election that he must prove that the non-compliance is substantial and substantially affected the result of the election.” PEROPENE,J.C.A
PROOF BEYOND REASONABLE DOUBT – MEANING OF PROOF BEYOND REASONABLE DOUBT
“A proof beyond reasonable doubt has been taken to mean such a degree of cogency which is consistent with and equivalent to a high degree of probability, It does not eliminate the possibility of any doubt whatsoever including remote possibility”. PER OPENE, J.C.A
ALLEGATION OF CRIME IN CIVIL PROCEEDINGS – ALLEGATION OF CRIME IN CIVIL PROCEEDINGS MUST BE PROVED BEYOND REASONABLE DOUBT
“The law is well settled that where an allegation of crime is made in a civil proceeding that the allegation must be proved beyond reasonable doubt. See Nwobodo v. Onoh (1984) 1 All NLR 1; (1984) 1 SCNLR 1; Omoboriowo v. Ajasin (1984) 1 SCNLR 108.”PER OPENE, J.C.A
CASES CITED
STATUTES REFERRED TO
Decree 16 of 1998
