OJUKWU
V.
OBASANJO & ORS.

(2004) JELR 45027 (SC)    

Supreme Court  ·  SC.199/2003 ·  2 Jul 2004 ·  Nigeria
 · 
Other Citations
Ojukwu v. Obasanjo (2004) 12 NWLR (Pt.886) 169 (2004) 19 NSCQR 90
CORAM
MUHAMMADU LAWAL UWAIS JSC UTHMAN MOHAMMED JSC SYLVESTER UMARU ONU JSC UMARU ATU KALGO JSC AKINTOLA OLUFEMI EJIWUNMI JSC NIKI TOBI JSC DENNIS ONYEJIFE EDOZIE JSC
Core Terms Beta
constitution
1st respondent
supreme military council
presidential election
office of president
decree no.
head of state
mr. ezike
basic provisions
court of appeal
appointment of the 1st respondent
2nd respondent
chief olusegun obasanjo
chief of the armed forces of the federal republic
interpretation act
president of nigeria
such office
following reliefs
leading judgment
learned counsel
military regime
previous election
return of chief olusegun obasanjo
3rd respondent
4th respondent
chief justice of nigeria
fair election
head of state of nigeria
purported declaration of the 1st respondent
said election
chief chukwuemeka odumegwu ojukwu
definition of the word
following words
president-elect
virtue of sections
above petition
alhaji mohammed dikko yusuf
appointing authority
case of fisher v
death of general murtala muhammed
head of military government
judicial process
member of the supreme military council
merit of the court of appeal
mr. adebayo adenipekun
mr. j. c. ezike
provisions of a statute
provisions of section sed
respective submissions of counsel
supreme headquarters

MOHAMMED, J.S.C. (Delivering the Leading Judgment): On 19th of April, 2003 presidential election was held in Nigeria. The appellant, Chief Chukwuemeka Odumegwu Ojukwu, contested the said election under the platform of All Progressive Grand Alliance (APGA). The 1st respondent, Chief Olusegun Obasanjo, also contested the said election under the umbrella of People's Democratic Party (PDP), the 4th respondent, in this appeal. At the end of the exercise, the 1st respondent was duly returned as the winner by the Chairman of the Independent National Electoral Commission, the 3rd respondent, in this appeal.

The appellant who lost the election filed this petition at the Court of Appeal and prayed for the following reliefs:

"(i) A declaration that as at the 19th April, 2003 when the presidential election was held in Nigeria, Chief Olusegun Obasanjo, the 1st respondent, was not qualified to contest the election. (ii) An order invalidating the return of Chief Olusegun Obasanjo, the 1st responden…

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