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CaseLaw

Ojukwu V. Obasanjo (2004) CLR 7(a) (SC)

Judgement delivered on July 2nd 2004

Brief

  • Reply brief of argument
  • Office of head of FMG
  • Office of President (Disqualification from contesting)
  • Ejusdem generic rule
  • Election
  • Retrospective construction of statute

Facts

On 19th of April, 2003 Presidential Election was held in Nigeria. The Appellant, Chief Chukwuemeka Odumegwu Ojukwu, contested the said election under the platform of All Progressive Grand Alliance (APGA). The 1st Respondent, Chief Olusegun Obasanjo, also contested the said election under the umbrella of People's Democratic Party (PDP), the 4th Respondents, in this appeal. At the end of the exercise, the 1st Respondent was dully returned as the winner by the Chairman of the Independent National Electoral Commission, the 3rd Respondent, in this appeal.

The Appellant who lost the election filed this petition at the Court of Appeal and prayed for the following reliefs:

  • i
    A DECLARATION that as at the 19th April, 2003 when the Presidential Election was held in Nigeria, Chief Olusegun Obasanjo, the 1st Respondent, was not qualified to contest the election.
  • ii
    AN ORDER commanding the 2nd Respondent to conduct another Presidential Election.
  • iii
    AN ORDER directing the Chief Justice of Nigeria to take over as the Head of State of Nigeria for a period of 3 months within which period he would reorganise the 2nd Respondent and conduct a free and fair election.
  • iv
    A DECLARATION that the purported declaration of the1st Respondent as the winner of the 19th April, 2003 election is unconstitutional, null and void."

In response to the above Petition, the 1st Respondent stated that no election was held in Nigeria in 1976 and as such he could not have been elected as President of Nigeria in the alleged election. The 1st Respondent further submitted that he had only been elected to the Office of President in one previous election, that is, the 1999 election. The 1st Respondent concluded the averments in his Reply to the Petition by submitting that he would lead evidence to show that the Petition is totally misconceived, frivolous and a mere attempt to trivialise the judicial process.

The Court of Appeal heard evidence from the Petitioner/Appellant, the 1st Respondent and Alhaji Mohammed Dikko Yusuf who was a member of the Supreme Military Council from 1975 to 2nd October, 1979. After hearing addresses from counsel the Court adjourned the petition for judgment. In a very well considered judgment, written by Isa Ayo Salami, JCA (concurred with by Oguntade, JCA (as he then was), Mahmud Mohammed, Nsofor and Tabai, JJCA) the Petition was dismissed.

An appeal was launched.

Issues

Whether or not the appointment of the Respondent in 1976 under a military...

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