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DIM CHUKWUEMEKA ODUMEGWU OJUKWU V. ALHAJI UMARU MUSA YAR'ADUA & ORS.

(2009) JELR 47336 (SC)

Supreme Court  •  SC.270/2007  •  24 Apr 2009  •  Nigeria

Coram
NIKI TOBI JSC; DAHIRU MUSDAPHER JSC; GEORGE ADESOLA OGUNTADE JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC; PIUS OLAYIWOLA ADEREMI JSC;

Judgement

F. F. TABAI, J.S.C (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal dated 3rd September 2007 wherein the petition was struck out. The petition itself was dated and presented on the 22nd May 2007. The grounds of the petition without their particulars are:

GROUND 1

The election in which the 1st and 2nd Respondents were declared winners was not conducted in compliance with the 1999 Constitution and the Electoral Act 2006.

GROUND 2

The election did not meet the minimal requirement of Electoral democracy and the law and the Electoral Act 2006.

GROUND 3

Rudimentary requirements of fairness and equal treatment provided by the Constitution and the Electoral Act were not extended to the Petitioner and to potential voters in Anambra, Imo, Abia, Enngu and Ebonyi States.

GROUND 4

The 1st and 2nd Respondents are not qualified to contest for election to the office of President and Vice President respectively because having been employed by the peopl…

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