BASSEY V. YOUNG

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NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.

BASSEY V. YOUNG

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5

ANDREW BASSEY

V

EKPO ARCHIBONG YOUNG

FEDERAL SUPREME COURT.

BRETT,

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F.J.

TAYLOR,

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F.J.

COKER, Ag.

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F.J.

22nd January, 1963.

APPELLANT

RESPONDENT

SUIT NO. FSC 362.1962

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Legislation - Eastern Nigeria Elections (House of Assembly) Regulations, 1961, Reg.

34.

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Election Petitions - Burden of Proof - Petitioner's - when shifting to respondent

- Poll opening very late without notice.

ISSUES:

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1.

On whom lies the onus of proof of irregularity in an election petition?

2.

Whether non-compliance with election regulations is a substantial irregularity

of such a nature as to affect the result of an election.

FACTS:

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The election was declared invalid on the ground of irregularities. The petition

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alleged

(inter alga)

that, although the hours appointed for polling were 8.30 a.m.

to 4.30 p.m., two of the polling stations opened at 12.15 noon and closed at 4

p.m., that in consequence many voters were unable to vote, and that that affected

the result of the election. In fact the proportion of votes cast there was much below

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the average for the whole constituency. There was no notice that polling would

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begin about noon. It was about noon that polling began; and before that a sub-

stantial number of voters had grown tired of waiting and left.

Regulation 34 provides as follows:-

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"The hours fixed for the taking of the poll shall normally be from 8.30 a.m.

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to 4.30 p.m. but shall be a period of not less than 8 hours and subject to

Regulation 56 shall be a continuous period; and varying periods may with

approval of the Electoral Commission be prescribed in respect of different

constituencies."

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The evidence that polling was closed at 4 p.m. was not satisfactory, but there

was no evidence that it was kept open for eight hours. The appellant asked the

court to presume that the poll remained open for eight hours.

The respondent argued that upon proof of non-compliance with the regula-

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tions, it was for the court to decide whether the irregularity affected the result of

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the election.