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CHIEF CHUBA EGOLUM V. GENERAL OLUSEGUN OBASANJO & ORS.

(1999) JELR 43633 (SC)

Supreme Court  •  SC.45/1999  •  14 May 1999  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SALIHU MODIBBO ALFA BELGORE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; OKAY ACHIKE JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Appearances
S. A. Asemota, SAN (with him. J. D. Moze) For Appellant B Chief Afe Bahalola, SAN (with him. Chief B. Aiku. SAN; Prince L. O. Fagbemi, SAN; J.K. Gadzama, SAN; L.O. Akhideno; Dr. Toriola Oyewo; B.K. Ba'aba; Chief B.A. O. Njemocina; Dr. Alimi Abdulrasaq; Oluwale Aina; Chief Chris Okolie; J.E. Ejemba; O. Mudiaga-Odje; Olafemi Okunloye; I.O. Olorundare; Bolaji Ayorinde; Olalekan Ojo; Ms. Hauwa Ibrahim; C.N. Nsobundu; Chief Chike Chigbue) -for the 1st RespondentC A. O. Egbobamien, SAN (with him, O.O. Ozzi, I. K. Bawa; M. K. Bala; R. Edematie; G. E. Ezomo; I.F. Aihie (Miss); I. J. Obasuyi, [Miss]) -for the 2nd - 60th Respondents. For Respondent

Judgement

M. E. OGUNDARE, JSC (Delivering the Leading Judgment): This appeal was argued orally before us on 31/3/99 when judgment was reserved to 6/4/99. On that day I dismissed the appeal as well as the cross-appeal and indicated that I would give my reasons today. Here are my reasons for dismissing both the appeal and the cross-appeal.

Following the Presidential Election held throughout Nigeria on the 27th day of February. 1999, the 1st Respondent General Olusegun Obasanjo who was a candidate at the election was declared duly elected having scored 18,739, 154 votes against the votes of 11,110,287 scored by his opponent, Chief Samuel Oluyemi Falae. The Appellant herein on 16/3/99 filed a petition at the Court of Appeal Abuja against the election of the 1st Respondent. The Chief Electoral Officer of the Federation [Hon. Justice Ephraim Omorose Ibukun Akpata (rtd.), the Returning Officer in the Presidential Election and the Independent National Electoral Commission (INEC) were joined as 2nd to 4…

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