NJOKU
V.
JONATHAN & ORS
ABUBAKAR DATTI YAHAYA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of the Federal Capital Territory, Abuja (hereinafter referred to as the trial court), delivered on the 1st of March, 2013, wherein the learned trial judge dismissed the case of the appellant.
The facts are that the 1st respondent was elected as the Vice President of the Federal Republic of Nigeria and Umaru Musa Yar'adua was elected as the President of Nigeria in a joint election they stood, on the 21st of April, 2007. They were then sworn into their respective offices, and they began to discharge their various duties. Upon the demise of President Umaru Yar'adua on the 5th of May, 2010, the 1st respondent was sworn into office, as the President of The Federal Republic of Nigeria, in accordance with section 146(1) of the 1999 Constitution of the Federal Republic of Nigeria, on the 6th of May, 2010, to complete the tenure of President Umaru Yar'adua. After completing th…