(Delivering the Judgment of the Court)
The respondent in this appeal was the petitioner before Charles, J., in an Election Petition in respect of the election to the House of Representatives for Egba North held on the 12th day of December, 1959, at which election the present appellant was declared returned by a majority of 109 votes. In a considered judgment, Charles, J. declared that the election of the present appellant was invalid on the ground of noncompliance with Regulation 68 of the Elections (House of Representatives) Regulations 1958.
There was very little in dispute at the trial before the learned Judge. It was alleged in the petition in the first instance, and agreed to by the present appellant, that at six of the polling stations, namely Ward C9, C12, C54, B5 and D12, there were a large number of ballot papers which were not counted because they did not bear the official stamp. In the second instance, the petitioner alleged, and it was also agreed to, that in wards C57 and D…