Customer Support

NASS
V.
PRESIDENT, FRN & ORS

(2003) JELR 41026 (CA)

Court of Appeal 12 May 2003 Nigeria
BriefBot icon

BriefBot Summary

Free

- The case involves a challenge to Section 15 of the Electoral Act, 2002, which was passed by the National Assembly. - The plaintiff, the Independent National Electoral Commission (INEC), argued that Section 15 encroached on its powers to f

Case Details

Suit Number:CA/A/15/M/2003
Judges:GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Counsel:Abubakar Malami with him, A. M. Hassan, Esq. For Appellant Rotimi Jacobs, Esq For 1st RespondentPaul Erokoro, Esq. with him, A. Unimna, Esq.; A. Onigi Otite[Miss]; O. Anozie, Esq.; L. Otiero, Esq. For 2nd RespondentSir Alfred Eghobamien, S.A.N. with him, B. I. Omoaghe [Miss]; O. Abanu, Esq. For 3rd Respondent For Respondent
Other Citations:(2003) 9 NWLR (Pt. 824) 104, National Assembly v. President [2003]9 NWLR (Pt.824)104

GEORGE ADESOLA OGUNTADE, JCA (Delivering the Leading Judgment): The 3rd respondent was the plaintiff, before the Federal High Court, Abuja, where it brought a suit, by originating summons against 1st respondent, appellant and 2nd respondent as 1st, 2nd and 3rd defendants respectively, seeking the determination of the following questions:

"(1) Whether the 2nd defendant, the National Assembly is competent to enact Section 15 of the Electoral Act, 2002, in relation to fixing the time and dates of conduct of elections into the office of the President of the Federal Republic of Nigeria, each of the Houses of the National Assembly, the office of the Governor of each State of the Federation and Houses of Assembly of each State of the Federation, when the Constitution of the Federal Republic of Nigeria, 1999, has made provisions, covering the field in these areas in Sections 132(1), 76(1), 178(1) and 116(1).

(2) Whether the condition precedent was complied with by each of the Houses of the Nati…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.