SENATOR ABRAHAM ADE ADESANYA V. PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA & ANOR.

A. FATAYI-WILLIAMS, CJN (Delivering the Leading Judgment): The plaintiff, now appellant, is a member of the Senate of the National Assembly. The first defendant, now first respondent, is the President of the Federal Republic of Nigeria. Under the 1979 Constitution of Nigeria, the first defendant is empowered to appoint the Chairman of the Federal Electoral Commission, one of the bodies established under section 140 of the Constitution. In this connection, it is, I think, pertinent, at this stage, to refer to the provisions of section 141 subsections (1) and (3) of the said Constitution which read:

"(1) Except in the case of ex officio members or where other provisions are made in this Constitution, the Chairman and members of any of the bodies so established shall, subject to the provisions of this Constitution, be appointed by the President, and the appointment shall be subject to confirmation by the Senate.

(3) In exercising his powers to appoint a person as Chairman or member of th…