The appellant was the successful candidate at the election for the Eastern House of Assembly held on the 16th November, 1961, in the Calabar West constituency. The respondent was the only other candidate, and the appellant was returned as elected by a majority of 183 votes. The total number of registered voters seems to have been 34,662, and the returns showed 14,741 valid votes as having been given, a proportion of roughly 3 in 7. The respondent brought an election petition challenging the return, and Idigbe, J., gave judgment on the petition, declaring the election of the appellant invalid. The present appeal is brought against that judgment.

The petitioner alleged various irregularities which were said to have affected the result of the election and concluded with a general allegation that the appellant had been guilty of corrupt practices and that he had not been elected by a majority of lawful votes. No further particulars of these general allegations were asked for, and Mr. Obi Okoye, for the respondent to this appeal, submits that in view of regulation 32 of the House of Assembly (Disputed Seats) Regulations, 1961, he is entitled to rely on the unlawfulness of any votes disputed.

As regard corrupt practices, the Judge expressly found that none had been proved, and this is not disputed.