Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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…

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