NWOBODO V. ONOH & ORS

• Pages: 470-481

NWOBODO V. ONOH & ORS.

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470

NWOBODO V. ONOH & ORS.

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CHIEF JIM IFENYICHUKWU NWOBODO

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APPELLANT

V

10 1. CHIEF CHRISTIAN CHUKWUMA ONOH

2.

CHIEF FEDERAL ELECTORAL OFFICER

FOR ANAMBRA STATE MR. E.C. EJEH

3.

THE FEDERAL ELECTORAL COMMISSION

4.

RESIDENT FEDERAL ELECTORAL

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COMMISSIONER BRIG. I.M. OBEYA (RTD)

5.

THE RETURNING OFFICER

MR. E.N. MBONU

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RESPONDENTS

SUIT NO. SC 96/1983

SUPREME COURT OF NIGERIA

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SOWEMIMO,

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J.S.C.

IRIKEFE,

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J.S.C.

BELLO,

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J.S.C.

OBASEKI,

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J.S.C.

ESO,

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J.S.C.

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NNAMANI,

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J.S.C.

UWAIS,

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J.S.C.

8th October, 1983

Election Petitions - Parties permissible respondents - Vel non limited solely to

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persons specified in S.12(2) Electoral Act 1982

Evidence - Documentg evidence - Duplicates etc. of certificates of results -

Admissibility as Primary Evidence - Source - Allegations of falsification of

results - Standard of proof - Vel non proof beyond reasonable doubt required

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as in criminal cases

Practice and Procedure - Jurisdiction - Competence of election petition panel

subsequently constituted by Chief Judge to entertain petition - Security for

costs - Validity of it made by Chief Judge sitting alone.

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ISSUES:

1.

Whether a Chief Judge sitting alone is competent to order payment of security

for costs and substituted service.

2.

Whether the non payment of security for costs is contrary to s.147(3) Electoral

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Act is fatal to the hearing of a petition.

3.

Whether the burden of proof in an election petition is based on a balance of

probabilities, or proof beyond reasonable doubt.

4.

Whether duplicates of Certificates of Election results are admissible as primary

evidence.

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5. Whether an allegation of falsification of figures, constitutes an allegation of the

commission of a crime.

FACTS:

At the election to the office of Governor of Anambra State held on the 13th Au-

gust 1983, the returning officer returned Chief Onoh as having been duly elected.