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MUHAMMADU BUHARI & ANOR V. CHIEF OLUSEGUN AREMU OBASANJO & ORS

(2005) JELR 34515 (SC)

Supreme Court  •  SC.3/2005  •  1 Jul 2005  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS, JSC SALIHU MODIBBO ALFA BELGORE, JSC IDRIS LEGBO KUTIGI, JSC AKINTOLA OLUFEMI EJIWUNMI, JSC DENNIS ONYEJIFE EDOZIE, JSC IGNATIUS CHUKWUDI PATS-ACHOLONU, JSC SUNDAY AKINOLA AKINTAN, JSC

Appearances
Chief M. I. Ahamba, SAN (with him, J. Dozie, B. A. Adamu, V.I. lkeonu, A. A. Gulak, C. H. Nwuke, E. Etteh, J. Nunieh Yowika,M. Shuaibu, A. K. Usman, M. Asibe and A. K. lroha) For Appellant Chief Afe Babalola, SAN (with him, Chief A. S. Awomolo,SAN, O. Okunloye, SAN, O. Dada, Wole Aladedoye, O.Sowemimo and N. Okonkwo) A. O. Eghobamien, SAN (with him, M. 1. Damisa (Mrs) E. O. Sofunde, SAN (with him, J. K. Gadzama, SAN, R. O. Yusuf, A. O. Eghobamien, Jnr, M. I. Hanafi, C. I. Nwako, K.C. Ndukuba, P. A. Obim (Miss), S. I. Kalio and R. A. Nnaji) For Respondent

Judgement

MUHAMMADU LAWAL UWAIS, CJN (Delivering the Leading Judgment): The presidential election was held on the 19th day of April, 2003 to fill the offices of the President and the Vice-President of the Federal Republic of Nigeria. The election, which was conducted nation-wide by the 3rd respondent/cross appellant, was contested by candidates from 20 political parties. The 1st appellant/cross respondent together with another candidate (now deceased)5 contested the election as candidates of the 2nd appellant/cross-respondent -All Nigeria Peoples Party (ANPP) - while the 1st and 2nd respondents/cross-appellants contested as candidates of the Peoples Democratic Party (PDP). The 1st and 2nd respondents/cross-appellants were returned by the 5th respondent/cross appellant as duly elected President and Vice President, of the Federal Republic of Nigeria respectively.

The 1st and 2nd appellants/cross respondents felt aggrieved and, therefore, as petitioners,brought a petition, before the Court of Appea…

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