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CHIEF CHUKWUEMEKA ODUMEGWU OJUKWU V. CHIEF OLUSEGUN OBASANJO INDEPENDENT NATIONAL ELECTORAL COMMISSION CHAIRMAN, INDEPENDENT NATIONAL ELECTORAL COMMISSION PEOPLE’S DEMOCRATIC PARTY

(2003) JELR 57151 (CA)

Court of Appeal  •  CA/A/EP/4/2003  •  22 Jul 2003  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE, JCA (Presided) ISA AYO SALAMI, JCA (Read the Lead Judgment) MAHMUD MOHAMMED, JCA SYLVANUS ADIEWERE NSOFOR, JCA FRANCIS FEDODE TABAI, JCA

Appearances
J.C. Ezike (with him are A.A. Eze, J.E. Ndibuagu and U. Onwakwe) -*- - for the Petitioner. -*- Chief Afe Babalola, SAN (with him are P. Erokoro, Esq., Olasemi F Okunloye, Adegbola Adeniyi, Dr. Chris Anyanwu, A.B. Bakre, O. Amao, J.A. Oke, Remi Awe (Miss) and Bolanle Oyemeyin) - for the -*- 1st Respondent. -*- E.O. Sofunde, SAN (with him are M.I. Hanafi, A.O. Ajulo) - for the -*- 2nd Respondent. G -*- Sir A.O. Eghobamien, SAN (with him are N.F. Gaffa, A.O. Okeaye- -*- Inneh) - for the 3rd Respondent. -*- A.S. Awomolo, SAN (with him are Messrs G. Okonkwo and Audu Maikori) - for the 4th Respondent.

Judgement

SALAMI, JCA (Delivering the Lead Judgment): This is an election petition brought by Chief Chukwuemeka Odumegwu Ojukwu to question the election and return of Chief Olusegun Obasanjo in the Presidential election held on 9th April, 2003. The petitioner alleged that Chief Obasanjo was disqualified on the ground that he had been elected to the office of the president in two previous elections in 1976 and 1999. The respondents only entered their respective appearances and duly filed their answers or replies. The answers of first and fourth respondents were filed within time while those of the second and third respondents were filed with leave of court on 24th June, 2003. In each of the replies, objection were taken to the competence of the petition. The objection as to the competence of the petition was subsequently adumbrated in motion on notice filed by second and third respondents.

At the hearing of the petition, it was agreed that the various applications to dismiss the petition in li…

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