CaseLaw
Omoboriowo V. Ajasin (1984) CLR 1(e) (SC)
Judgement delivered on January 6th 1984
Brief
Facts
At the election to the office of Governor of Ondo State held on 13th August 1983, the returning officer returned Chief Omoboriowo, hereinafter referred to as the 1st respondent, as having won the election. Chief Ajasin, hereinafter referred to as the petitioner, who was one of the unsuccessful candidates at the election filed a petition in the High Court. Ondo State complaining against the return. He Joined the 1st respondent and the Chief Electoral Officer for Ondo State, hereinafter referred to as the 2nd respondent, as the respondents. The ground for the petition was that the 1st respondent was not duly elected by a majority of lawful votes at the election but that the petitioner was duly elected by a majority of the lawful votes and that he ought to have been returned. The High Court which consisted of five judges unanimously gave judgment for the petitioner by declaring that the 1st respondent was not duly elected or returned and that the petitioner was duly elected and ought to have been returned. The respondents appealed to the Federal Court of Appeal which by a split decision of 5 to 2 dismissed their appeal. The respondents further appealed to this Court.
After hearing evidence and addresses of counsel, the learned trial Judge, (Desalu, J.) dismissed all the three arms of the claim in their entirety.
The facts in brief, are as follows: the land in dispute formerly formed part of the land owned by one Aige, a Yoruba man and native of or an indigene of Ikorodu, Lagos State under customary law or native law and custom. On his death intestate, the property devolved on his children as family property. At some time later, the family decided to partition the family property at Aige family and allotted the land in dispute to one of the descendants of Aige by name Chief T.K. Dada. After his death, the family conveyed by deed of grant the said parcel of land to: