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YUSUF
V.
OBASANJO

(2003) JELR 53858 (SC)

Supreme Court 9 Oct 2003 Nigeria
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- The 1st appellant, a presidential candidate in the 2003 Nigerian election, timely filed an election petition and subsequently applied (within the statutory 30-day period under s.132 Electoral Act 2002) to amend the petition, including for

Case Details

Suit Number:SC. 122/2003
Judges:SALIHU MODIBBO ALFA BELGORE, JSC (Presided) IDRIS LEGBO KUTIGI, JSC ALOYSIUS IYORGYER KATSINA-ALU, JSC SAMSON ODEMWINGIE UWAIFO, JSC NIKI TOBI, JSC (Read the Lead Judgment) DENNIS ONYEJIFE EDOZIE, JSC IGNATIUS CHUKUDI PATS-ACHOLONU, JSC
Counsel:A. J. Owonikoko (with him Felix Ebi) - for Appellants . -*- Seeni Okunloye, SAN (with him, O. Aladoluye) - for 1st Respondent . -*- Roland Otaru - for 2nd Respondent . -*- O. Eghobamien, SAN (with him, A. O. Okeaya-Inneh and D. O. Abanum) - for 40th to 55th Respondents .

TOBI, JSC (Delivering the Lead Judgment): The 1st appellant contested the 2003 presidential election on the platform of the Movement for Democracy and Justice (MDJ). He lost the election to the 1st respondent, Chief Olusegun Obasanjo, who contested the election on the platform of A the Peoples Democratic Party (PDP). The appellant did not like the election result. He contested the result by filing an election petition against the 1st respondent and other respondents. He challenged the conduct, result and return of the 1st respondent as the winner of the election. On 21st May, 2003, the appellants filed a motion before the Presidential Election Tribunal which is for all intents and purposes the Court of Appeal. He sought for the following prayers: “1. Leave to join CO RPORATE NIGERI A (LIMI TED BY GUARANTEE) as 57th respondent in the petition.

Leave to amend the petition to reflect the joinder, and to amend some paragraphs of the petition, etc.

An order deeming as properly filed a sepa…

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