Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ACTION CONGRESS
V.
I.N.E.C.

(2007) JELR 46492 (SC)    

Supreme Court  ·  SC.69/2007 ·  16 Apr 2007 ·  Nigeria
 · 
Other Citations
Action Congress v. INEC (2007) 12 NWLR (Pt.1048)220 S.C. (2007) 6 S.C (Pt II) 212 (2007) 6 S.C (Pt II) 212
Action Congress v. INEC (Judgt.) (2007) 12 NWLR (Pt. 1048) 220
CORAM
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
electoral act
candidate
section
respondent
general elections
2nd plaintiff
law
powers
political party
political parties
appeal
provisions of section
independent national electoral commission
court of appeal
provisions of the constitution
court of law
national assembly
constitution of the federal republic of nigeria
office of president
provisions of the constitution of the federal republic
state government
action congress
judicial agency of government
presidential candidate
provisions of the electoral act
reasonable grounds
administrative panel of inquiry
laws of the federation
particular section
public information
competent authority
context of other relevant provisions of the constitution
contravention of the code of conduct
determination of the following questions
exclusive right
federal high court abuja
judicial commission of inquiry
provisions of the third schedule
such cases
such office
vice-president of the federal republic of nigeria
considered view section
constitutional provisions
disqualification of alhaji atiku abubakar
false information
leading judgment
learned justices of the court of appeal
present appeal
primary duty
said decision of the court of appeal

A. I. KATSINA-ALU, JSC (Delivering the Leading Judgment): My Lords, this appeal concerns the disqualification of Alhaji Atiku Abubakar, Vice-President of the Federal Republic of Nigeria as a candidate or any other candidate for the 2007 general elections. By an originating summons issued in the Federal High Court Abuja on 10 January, 2007, in which the Action Congress and Alhaji Atiku Abubakar were named as plaintiffs and Independent National Electoral Commission (INEC) as defendant, the plaintiffs applied for the determination of the following questions:

1. Whether the defendant has powers under the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and the Electoral Act, 2006 to conduct any verification of the credentials/papers and/or screening out and/or disqualifying candidates including the 2nd plaintiff for the 2007 general elections.

2. Whether by the provisions of the Third Schedule to the Constitution of the Federal Republic of Nigeria, Item 15 paragrap…

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