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OJUKWU
V.
OBASANJO & ORS.

(2004) JELR 45027 (SC)

Supreme Court 2 Jul 2004 Nigeria
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- The appellant, Chief Chukwuemeka Odumegwu Ojukwu, challenged the qualification of Chief Olusegun Obasanjo to contest the 2003 Nigerian presidential election, asserting that Obasanjo had already been "elected" President in two previous ele

Case Details

Suit Number:SC.199/2003
Judges: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
Counsel:J.C. Ezike, Esq.J.E. Ndibiagu, Esq.U. Onwukwe, Esq. For Appellant; Chief Afe Babalola, SAN, O. Okunloye, SAN, Adebayo Adenipekun, Esq., Olufemi Amao, Esq., Remi Awe, Esq., O. Aladedoye, Esq., A. Eghobamien, SAN, Roland Otaru, Esq., M. B. Adoke, Esq. For Respondent
Other Citations:Ojukwu v. Obasanjo (2004) 12 NWLR (Pt.886) 169 (2004) 19 NSCQR 90

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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