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CaseLaw

Atiku Abubakar GCON V. Umaru Musa Yaradau (2008) CLR 12(e) (SC)

Judgement delivered on the 12th day of December, 2008

Brief

  • Action
  • Court
  • Interpretation of Statue
  • Electoral Matters
  • Party who did not contest an election
  • Section 145(1)(a)(b)(C)(d) Electoral Act
  • Section 18(3) Interpretation act
  • Election Petition
  • Unlawful exclusion
  • Words & Phrases
  • Section 146 of the Electoral Act 2006
  • Section 147(1) of the Electoral Act 2006
  • Section 145(1)(D) of the Electoral Act 2006
  • Section 147 of the Electoral Act 2006
  • Section 157 of the Electoral Act 2006
  • Section 145(1) of the Electoral Act 2006
  • Section 145(1)(a) of the Electoral Act
  • Section 145(1)(b) of the Electoral Act
  • Section 145(1)(c) of the Electoral Act
  • Section 135 of the Evidence Act
  • Section 136 of the Evidence Act
  • Section 137 of the Evidence Act
  • Section 138 of the Evidence Act
  • Section 143(1)(d) of the Electoral Act
  • Section 18(3) Interpretation Act

Facts

Following the 21st April, 2007 presidential election which returned the 1st Respondent as the elected President of the Federal Republic of Nigeria, the Appellant filed their petition challenging the said election on the 21st May, 2007 vide a 51 paragraph petition asking the Court of Appeal to invalidate the said election the Court of Appeal on 26th February, 2008 dismissed the petition. This appeal is against that dismissal.

The presidential election was held on the 21st day of April, 2007 to fill the offices of the President and Vice-President of the Federal Republic of Nigeria. The election, which was held nation-wide by the 4th respondent, was contested by candidates from 25 political parties. The 1st and 2nd appellants contested as candidates of the Action Congress (AC). The 1st and 2nd respondents contested the election as candidates of the 3rd Respondent - People’s Democratic Party (PDP). The Chief Returning Officer of the 4th Respondent returned the 1st and 2nd respondents as duly elected President and Vice-President respectively of the Federal Republic of Nigeria. As I have already indicated, the appellants filed a petition at the Court of Appeal on the 21st day of May 2007 challenging the return. The petition was dismissed.

Issues

Whether, after its ruling on 20th September, 2007, the lower court, in its...

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