CaseLaw
Ojiegbe V. Ubani (1962) CLR 6(a) (SC)
Judgement delivered on February 5th 1962
Brief
Facts
This is an appeal from the dismissal by Hughes, J., in the High Count of the Aba Judicial Division of an election petition arising out of an election held on 12th December. 1959 to the House of Representatives in respect of the Aba Central Constituency No.238. The first petitioner who is the 1st respondent, claimed that he voted at the election; the second petitioner who is the 2nd appellant claimed he had a right to vote at the election but that for reasons I shall mention later in this judgment, he did not vote. Counsel for the petitioner who appeared in the court below and in the appeal now before us was the defeated candidate at the election
The main complaint was that about 7000 voters belong to a religious sect known as the 7th Day Adventists. This sect claimed they were Forbidden by the ethics of their Religion to do anything or any manner of work on Saturday, which is their Sabbath Day.
Many of them, for fear of being excommunicated from the Church refrained from going to the polls on the day of the election, which was on a Saturday and that this affected the result of the poll against him.
At the close of the case at the High Court, the appellants sought to recall a witness to put in a document m evidence, the other side objected and the trial Judge upheld the objection.
The petition was dismissed by the trial Judge and he awarded costs of 400 guineas each against the appellants. Dissatisfied with this, an appeal was lodgedat the appeal court.