SABIYA V. TUKUR & ORS,

• Pages: 559-562

559



NIGERIAN SUPREME COURT CASES

[1983] N.S.C.C.

Accordingly, for these and the reasons given by my learned brother Obaseki,

J.S.C. I too will dismiss the appeal and it is hereby dismissed with N300.00 costs

to each of the respondents.

Appeal dismissed.

5

SABIYA V. TUKUR & ORS

10

REV. WILSON SABIYA



APPELLANT

V

ALHAJI BAMANGA TUKUR & ORS.



RESPONDENTS

SUIT NO. SC 112/1983

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15

SUPREME COURT OF NIGERIA

IRIKEFE,



J.S.C.

BELLO,



J.S.C.

OBASEKI,



J.S.C.

ESO,



J.S.C.



20

ANIAGOLU.



J.S.C.

NNAMANI,



J.S.C.

UWAIS,



J.S.C.

14th, November 1983

25

Election Petitions - Claim for declaration that petitioner and not respondent duly

elected Governor on majority votes - Authenticity of result sheets on which

1st respondent based - Confirmed by petitioners own witness - Petition

dismissed.

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ISSUE:

1. Whether falsification of a document can be proved in the absence of other

conflicting documentary evidence.

FACTS:

The petitioner filed a petition against the respondent, challenging the return of

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the 1st respondent as duly elected Governor of Gongola State. The petitioner chal-

lenged the authenticity of the result sheets on which the return of the 1st respond-

ent was based. The petitioner also alleged various electoral malpractices which

his counsel argued should lead to the nullification of the election, but in the same

breath the petitioner sought to be returned as duly elected, on the same evidence.

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The petition was dismissed in the High Court, and the appeal to the Federal Court

of Appeal was also dismissed. The petitioner thereupon appealed to the Supreme

Court.

HELD:

To

prove falsification, it is basic that there should be in existence at least two

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results, one of which could be stigmatised as genuine and the other false, but no

other conflicting documentary evidence was offered in this case to contradict the

documentary evidence of the 3rd respondent, the returning officer.

Dr. Olu Onagoruwa

with him /.

Thomas, B. Mustapha and J. Olufon (Miss)

for

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Appellant.

Mr. G. Brown Peterside S.A.N.

with hirn

M Aminu and A. Abba

for Respondent.