RASHIDI ADEWOLU LADOJA V. INDEPENDENT NATIONAL ELECTORAL COMMISSION
(2007) JELR 46576 (SC)
Supreme Court
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SC.120/2007
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13 Jul 2007
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Nigeria
Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC;
GEORGE ADESOLA OGUNTADE JSC;
MAHMUD MOHAMMED JSC;
FRANCIS FEDODE TABAI JSC;
IBRAHIM TANKO MUHAMMAD JSC;
PIUS OLAYIWOLA ADEREMI JSC;
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;
Appearances
Chief Robert Clarke, SAN [with him, Chief Ademola Odunsi, Esq.; Theophillus Ochonogor, Esq.; Adebayo Shittu, Esq. and Esther F. Adesanya (Ms)] For Appellant
J. K. Gadzama, SAN (with him, Anthony Idigbe, SAN; Amaechi Nwaiwu, SAN; Bolaji Ayorinde, SAN; Chris Uche, SAN; Bello Faile, Esq.; Wale Adebayo, Esq.; Tony Anyanwu, Esq.; Bola Olotu, Esq.; G. U. Nwaneri, Esq.; C. P. Oli, Esq.; E. 1. Gamaliel, Esq. and H. Odengle, Esq.) -for the 1st RespondentA. O. Mbamali (Mrs.) - (Acting Director, Civil Litigation, Federal Ministry of Justice) (with her; K. M. Kida [Mrs.] and C. E. Nwachukwu, Esq.) - for the 2nd Respondent Ayodeji Essan, Esq. - for the 3rd RespondentL. O. Fagbemi, SAN (with him, S. R. Dappa-Addo; H. O. Afolabi, Esq.; A. O. Popoola, Esq.; O. O. Ogunmola [Miss] and R. A. Bakare [Miss]) - for the 4th Respondent For Respondent
Judgement
M. MOHAMMED, JSC (Delivering the Leading Judgment): On 14th June, 2007, this appeal was heard by this court which in a unanimous decision allowed the appeal, and refused to give further attention to the appellant's claim. I stated on that day that I shall give my reasons for the judgment today which I now proceed to do.
The appellant herein was the Governor of Oyo State who was elected in the general election conducted on 19th April, 2003. He was sworn in as the Governor by taking his oath of allegiance and oath of office on 29th May, 2003. He was to serve in that office for a term of four years. However following a dispute between him and the House of Assembly of Oyo State, a faction of the members of the House purported to have impeached him in 2005, removing him from office and replacing him with his Deputy. The appellant then challenged this impeachment in the High Court, the Court of Appeal and the Supreme Court where he was successful when the purported impeachment was declared…
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