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CHIEF OBAFEMI AWOLOWO V. ALHAJI SHEHU SHAGARI & ORS

(1979) JELR 33928 (SC)

Supreme Court  •  SC.62/1979  •  26 Sep 1979  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; MOHAMMED BELLO JSC; CHUKWUWEIKE IDIGBE JSC; MUHAMMADU LAWAL UWAIS JSC; AYO GABRIEL IRIKEFE JSC; ATANDA FATAYI-WILLIAMS JSC;

Judgement

A. FATAYI-WILLIAMS, C.J.N. (Delivering the Leading Judgment): In an election petition presented to the Presidential Election Tribunal in Lagos following the declaration by one F. L. O. Menkiti, the Returning Officer at the Presidential Election (now third respondent), that Alhaji Shehu Shagari had been duly elected President of the Federal Republic of Nigeria, Chief Obafemi Awolowo (now appellant) contended as follows:

1. That in the election held on the 11th day of August, 1979, Chief (Dr.) Nnamdi Azikiwe, Chief Obafemi Awolowo, Alhaji Aminu Kano, Alhaji Waziri Ibrahim and Alhaji Shehu Shagari were candidates;

2. The said Mr. F. L. O. Menkiti, duly returned Alhaji Shehu Shagari the duly elected President of the Federal Republic of Nigeria;

3. That the said Alhaji Shehu Shagari was at the time of the election not duly elected by a majority of lawful votes at the election as he had not satisfied Section 34A sub-section 1(c)(ii) of the Electoral Decree, 1977, which has been inserted by …

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