FEDECO V. GONI & ANOR.

• Pages: 481-493

481

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NIGERIAN SUPREME COURT CASES

j19831 N.S.C.C.

5.

Notwithstanding the provisions of SS.70 and 72 of the Electoral Act, 1982

the copies of the certificate of return in Form EC8 which are made and signed

by a returning officer or any of his deputies, assistants, or presiding officers

are primary and not secondary evidence. They therefore become equally

admissible in evidence as the first certificate of return made by the electo-



5

ral officer concerned, and kept in the custody of the Federal Electoral Com-

mission after the declaration of the result of an election. The weight to be

attached to them

is

of course another matter.

6.

As the standard of proof in this case must be that which is beyond any rea-

sonable doubt;

I

am of the opinion that the appellant had failed to discharge

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10

the burden of proving the falsification he alleged to have been made in

Schedule A which was attached to his petition.

Finally I am of the opinion that the appeal fails and it is hereby dismissed. I af-

firm the decision of the Federal Court of Appeal which set aside the judgment of

the Anambra State High Court, Enugu. The respondents are awarded costs as

proposed by my learned brother Sowemimo, J.S.C.

Appeal dismissed.

FEDECO V. GONI & ANOR

25

FEDERAL ELECTORAL COMMISSION



APPELLANT

V

1.

ALHAJI MOHAMMED GONI



RESPONDENTS

2.

UNITY PARTY OF NIGERIA

SUIT NO. SC 54/1983

SUPREME COURT OF NIGERIA

FATAI-WILLIAMS, C.J.N.

SOWEMI MO,



J.S.C.

IRIKEFE,



J.S.C.

BELLO,



J.S.C.

OBASEKI,



J.S.C.

ESO,



J.S.C.

ANIAGOLU,



J.S.C.

14th October, 1983

Constitutional Law - Judicial Powers - Extent of court's jurisdiction under ss.6(6)

and 236 of 1979 Constitution - Action by member of political party to compel

party to sponsor his candidate for Senatorial Election - Absence of legal right

to party sponsorship - Elections - Candidature for Gubernatorial Election -

Disqualifications - Incumbent Governor - Whether disqualified from re-election

under sponsorship of political party other than that which sponsored current

term - Interpretation of Statutes (Principles) - Mischief aimed at - Unprincipled

political "carpet-crossing - Right to bona fide change of party.

ISSUES:

1. Does section 64(1)(g) of the Constitution of 1979 grant an open licence for

members to join other existing political parties once there is a division in their

own party.

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