CORAM
JOHN ANIEMEKA PHIL-EBOSIE
ALFA BELGORE
ADENEKAN ADEMOLA
PARTIES
L.L. LOOIO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent was defeated in the election to Bori Local Government Council by the Appellant in December. 1976, not satisfied with the alleged circumstances leading to his defeat, he brought the petition alleging that the Appellant treated and bribed some voters. The Respondent alleged that two days to the said election, he received information that some people were in the house of one Chief Timothy Baridam drinking a bottle of Schnapps given to them by the Respondent and he went there to find the Appellant and some other persons in the house. He challenged Appellant for giving drinks to influence voters to vote for the Appellant and thus vote against him, Respondent. He further stated that Chief Karanwa admitted receiving money and some posters from the Appellant to campaign for him. The learned trial Court Judge held in favour of the Respondent. Dissatisfied, the Appellant appealed to the Federal Court of Appeal.
HELD
Appeal Allowed.
ISSUES
None
RATIONES DECIDENDI
OFFENCE OF TREATING- DUTY OF THE COURT WHEN DETERMINING THE OFFENCE OF TREATING
“In the case of Maclean Kubeinje VS. R. D. Edukugho (1955-56)W.R.N. L.R. page 142 Onyeama Ag.J. (as he then was)observed as follows:
“The heavy penalty attached to the offence of treating makes it obligatory on any court called upon to consider the matter to examine the facts with anxious Care especially as such charges are not difficult to fabricate in circumstances where political passions are in evidence and witnesses are partisan.”
A branch of this court sitting in Kaduna in the unreported Judgment of Salawu Alege vs. Alhaji Buhari Edun FCA/K/19/78 of the 7th day of November 1978 approved this view of Onyeama Ag. J. and went on to say – “The punishment for the election offence of bribery is the same as for treating, so the above passage holds good in the instant case”.PER A. ADEMOLA, J.C.A
OFFENCE OF TREATING-A PARTY AGAINST WHOM THE OFFENCE OF TREATING IS COMMITTED MUST BE A VOTER.
“Following the case of Salawu Alege and Alhaji Buhari Edun that the person who is, so treated under Regulation 64(b) of the Rivers State Electoral Regulation must be a voter to render whoever has treated such person liable for an offence under the regulation”. PER. A. ADEMOLA, J.C.A
DOCUMENTARY EVIDENCE – DOCUMENTS BROUGHT TO COURT IN A CRIMINAL CASE MUST BE READ
“Any document thus brought to court in a criminal case must be read, so that the contents would be known to court by evidence and it is not the duty of the court to search for evidence of the contents.”PER A. BELGORE, J.C.A
PROOF – IT IS THE DUTY OF A PARTY WHO ALLEGES TO PROVE
“In all cases, it is for the person who makes allegation of any wrong doing to prove his case so that the Court would be satisfied that his story is true and thus prefer it to what his opponent may say.”PER A. BELGORE,J.C.A
PROOF- THE WEAKNESS OF THE DEFENDANT’S DEFENCE DOES NOT DISCHARGE THE ONUS OF PROOF ON A PARTY WHO ALLEGES
“The weakness of defence cannot discharge the party making an allegation of the onus to prove his case to the satisfaction of the court.”PER A.BELGORE, J.C.A
CASES CITED
None
STATUTES REFERRED TO
Evidence LawLocal Government Edict of Rivers State (No.8 of 1976)Local Government Electoral Regulations 1976 (R.S.L.N. No.1of 1977)Rivers State Electoral Regulation 1976