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DR.TORTI UFERE TORTI V CHIEF CHRIS UKPABI & ORS.

(1984) JELR 45267 (SC)

Supreme Court  •  SC.109/1983  •  20 Jan 1984  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC AYO GABRIEL IRIKEFE JSC MOHAMMED BELLO JSC ANDREWS OTUTU OBASEKI JSC KAYODE ESO JSC ANTHONY NNAEMEZIE ANIAGOLU JSC MUHAMMADU LAWAL UWAIS JSC

Appearances
Chief F.R.A. Williams S.A.N. (with him Chief J.N. Obanna, I.I.O. Ukoha and T.E. Williams) For Appellant Dr. M. Odje, S.A.N. (with him C. Ofodile, S.A.N. and Dr. A. Kusamotu)Professor A.B. Kasunmu, S.A.N. (with him Y.O.C. Nwoke, G.O. Babalola, G.M. Onwuchekwa and O. Lawal) For Respondent

Judgement
<p><strong>ESO, J.S.C. (Delivering the Leading Judgment):</strong> On 2nd November, 1983, I allowed the appeal of Dr. T.U. Torti, the appellant in this appeal against the judgment of the Federal Court of Appeal. In my judgment I described the system employed by the respondent as simplistic but crude. I will now give my reasons for the conclusion I reached in my judgment.</p><p> The background to this case is very simple. Both the appellant, Torti, and the 1st respondent, Ukpabi, were candidates for election to the Umuahia senatorial district. The Federal Electoral Commission (Fedeco), which body was constitutionally set up to conduct the election, declared the first respondent elected. The figures as announced by Fedeco were as follows:</p><p> NPN (Ukpabi) 172,071</p><p> NPP (Torti) 153,832</p><p> thus the NPN had a majority of 18, 239.</p><p> In this case the appellant disputed only three constituencies to wit -</p><p> (i) Olokoro/Ubakala - wherein Fedeco recorded the NPN as having scored 16535 and the NPP 6224. Whereas according to the content…</p>

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