NJOKU
V.
JONATHAN & ORS

(2015) JELR 45554 (CA)

Court of Appeal · CA/A/574/2013 · 3 Mar 2015 · Nigeria

CORAM

ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria JOSEPH E. EKANEM Justice of The Court of Appeal of Nigeria MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

1st respondent

locus standi

cause of action

trial court

learned trial judge

lower court

1st defendant

2nd respondent

constitution of the federal republic of nigeria

oath of allegiance

reasonable cause of action

supreme court

president of the federal republic of nigeria

first term

case of the appellant

office of the president of the federal republic

presidential election

president of nigeria

virtue of section

circumstances of the case

merit of the case

presidential elections

provisions of section

provisions of sections

second term

sufficient interest

absence of any cause of action

admiral murtala nyako

briefs of argument

chief a. a. awomolo san

counsel o.o. obono-obla

demise of president umaru yar

elected president of the federal republic of nigeria

given time

joint election

lack of locus standi

locus standi of the appellant

mankind make use

nigeria constitution

part of the appellant

respective offices

right of a party

second oath

tenure of president umaru yar

umbrella of the peoples democratic party

unambiguous meaning show

vice president of the federal republic of nigeria

way of an originating summons

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…

NJOKU V. JONATHAN & ORS

NJOKU
V.
JONATHAN & ORS