OMOBORIOWO v. AJASIN- (1984) LPELR- 2643 (SC)
PRINCPLE OF LAW- BURDEN OF PROOF IN ELECTION PETITIONS
There is in law a rebuttable presumption that the result of any election declared by the returning officer is correct and authentic. Any candidate challenging the authenticity therefore has the burden to rebut this presumption not by a mere complaint that the Petitioner scored a majority of lawful votes, but by a proof on balance of probabilities. The Court further held that where there is an allegation of crime in the petition, the burden of proof is beyond reasonable doubt.