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OBASANJO & ORS. V.YUSUF & ANOR.

(2004) JELR 45024 (SC)

Supreme Court 7 May 2004 Nigeria
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- The Supreme Court held that complaints alleging breaches of the Constitution and the Companies and Allied Matters Act (CAMA) are not cognizable grounds in a presidential election petition under s.239(1)(a) of the 1999 Constitution; such p

Case Details

Suit Number:SC.193/2003
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria
Counsel:Adebayo Adenipekun, Esq. (with him, A. Akpan, Esq. andOluwole Aladedoye, Esq.)Roland Otaru, Esq. (with him, M. B. Adoke, Esq.) For Appellant A. J. Owonikoko, Esq. (with him, Felix Eki, Esq.)Chief M. O. Ayorinde (with him, K. F. Elelu, Esq.)A. O. Okeaya-Inneh, Esq. For Respondent
Other Citations:Obasanjo v. Yusuf (2004) 9 NWLR (Pt.877) 144, (2004) 9 NWLR (Pt. 877) 144, (2004) JELR 70799 (SC)

KUTIGI, JSC (Delivering the Leading Judgment): This is yet another interlocutory appeal against the decision of the Presidential Election Petition Tribunal (hereinafter referred to as the tribunal) delivered on 17th July, 2003 refusing to strike out the petition and or its various paragraphs as demanded by the motions, applications and or notices of preliminary objection filed by some of the respondents in the petition.

I shall therefore, in this judgment be brief and straight to the points necessary for the disposal of the relevant issues in the appeal without attempting to prejudge any point or issue yet to be tried or decided by the tribunal (see for example Egbe v. Enogun (1972) 1 All NLR (Pt. 1) 95; Sylvanus Mortune v. Alhaji Muh. Gambo (1979) 3 - 4 SC 54.

The tribunal decided to hear all the motions, applications and objections together. And in a reserved and well considered ruling the tribunal in the lead ruling of Mahmud Mohammed, JCA (which was concurred by all the other 4 Ju…

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