This appeal concerns the election petition filed by the 1st respondent (an N.P.C candidate) against the appellant (an UPGA candidate) asking that the election of the latter to the House of Representatives on the 9th December 1964, in the Kwande Constituency of Tiv Division, Benue Province, be declared invalid on the grounds of substantial irregularities and non-compliance with the Electoral Act of 1962.

The second respondent to the petition was the electoral officer for the constituency he is also the second respondent in this appeal.

In his petition the first respondent to this appeal complains that the second respondent failed generally to perform the duties imposed on him by law and in particular did not as he was bound to do make necessary arrangement to ensure that voters were able to cast their votes in secret and also to supply photographs for use on ballot boxes where candidates provided them. He asked the court to nullify the election on grounds of wide scale malpractices; these include corrupt practices on the part of the appellant (such as promises of financial or other rewards to voters), intimidation in various forms and undisguised acts of thuggery by supporters or ostensible supporters of the appellant manifested at some polling stations by physical acts of violence, impersonation and unjustified interruptions of polling at various polling stations by supporters or ostensible supporters of the appellant, prevention of qualified voters from exercising their rights of voting and manhandling of presiding officers and/or assistant electoral officers who consequently failed to prevent unqualified voters from actually casting voles at several polling stations.

In their replies to the petition, the appellant and the second respondent deny all the averments in the petition and state that the election of the appellant was free and fair, that he was returned by a majority of the votes polled and that the elections were conducted substantially in accordance with the Electoral Act. The second respondent further avers that even if there was any non-compliance with the electoral act, such non-compliance did not affect the result of the election.

petition, nullified the election of the appellant and awarded costs of 150 guineas against the 2nd respondent. Hence this appeal to the Appeal Court by the Appellant.