(Delivering the judgment of the Court):-
This is an appeal by Chief Reece Edukugho who claimed that on the 3rd February, 1964 he was elected for the Warri South West Constituency in a threecornered contest at the election to the House of Assembly of the Mid-West Region. The present respondent, Jemide Awani, was the petitioner in the High Court of the Mid-West Region at which the present appellant was declared not duly elected and the election was nullified. The third party to the contest, Henry Brown, is not a party to this petition.
The petition was based on three grounds; but at the hearing in the High Court the third ground was abandoned. The remaining two grounds are as follows:-
“(1) On the election day Monday 3rd February, 1964 at Saba polling station in the Warri South-West Constituency, voting was suspended for several hours and very many registered voters who had come in the interval to cast their votes could not therefore do so and they had to return to their dis…