ODUNSI LASISI AJIBOLA VS AMINU AKINDELE AJANI OJORA
September 8, 2025OLAWOYIN J. S. VS ATTORNEY GENERAL, NORTHERN REGION
September 8, 2025Legalpedia Citation: (1961-06) Legalpedia 20299 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Jun 8, 1961
Suit Number: SC. 104/1961
CORAM
BRETT, JUSTICE SUPREME COURT
UNSWORTH , JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
W. J. FALAIYE
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 – EVIDENCE -CROSS- EXAMINATION-DISCRETION- PRACTICE AND PROCEDURE
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellant sought to void the respondent’s election on grounds of non- compliance with electoral rules. During cross-examination, the respondent gave evidence that he was a member of a government board. The appellant then applied to the court to inquire into the issue of the respondent’s membership of a board which is a ground for disqualification.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the lower court rightly exercise its discretion in refusing the application.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the appellant’s application for the trial court to inquire into the issue of the respondent’s membership of a government board, which is a ground for disqualification for an election, ought to have been granted.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
CROSS- EXAMINATION
‘It would be quite contrary to accepted practice to allow a petitioner who had closed his case to use answers elicited in cross-examination of the respondent as an excuse for calling additional evidence in support of an entirely fresh case or in rebuttal of evidence bearing on a matter which was never in issue.’ Per Brett F.J
CASES CITED
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
