Chief (Alhaji) Moshood Kashimawo Olawale Abiola V. Federal Republic Of Nigeria (1995)

LAWGLOBAL HUB Lead Judgment Report

BELLO, C.J.N

On 16th May, 1995, I granted the application of Chief M.K.O. Abiola hereinafter referred to as the applicant, for an order that the court to hear all matters in this appeal be reconstituted so as to exclude the following:-

The Hon. Justice Mohammed Bello, Chief Justice of Nigeria

The Hon. Justice Muhammadu Lawal Uwais. Justice of the Supreme Court

The Hon. Justice Salihu Modibbo Alfa Belgore, Justice of the Supreme Court

The Hon. Justice Abubakar Bashir Wali, Justice of the Supreme Court

The Hon. Justice Idris Legbo Kutigi. Justice of the Supreme Court

The Hon. Justice Emanuel Obioma Ogwuegbu, Justice of the Supreme Court

The Hon. Justice Uthman Mohammed. Justice of the Supreme Court

The Hon. Justice Sylvester Umaru Onu. Justice of the Supreme Court

The court adjourned sine die all matters in the appeal until a new panel has been reconstituted. I now give my reasons.

I think it is pertinent to state shortly the facts of the case giving rise to the application. The applicant was one of the two candidates in the election to the office of the President of the Federal Republic of Nigeria held on 12th June, 1993 in accordance with the provisions of the Presidential Election (Basic Constitutional and Transitional Provisions) Decree 1993 No. 13. Before the results of the election were fully announced, the High Court, Abuja, restrained the Chief Electoral Officer of the Federation from further announcing them: See Abimbola Davis v. N.E.C. and 3 Ors. Suit No. FCT/HC/M/348/93 (unreported) delivered on 15th June, 1993 by Saleh C.J. Furthermore, in Abimbola Davis v. National Electoral Commission and 3 ors. Suit No. FCT/HC/M/354/93 (unreported) delivered on 21st June, 1993. Saleh C.J. declared the election illegal on the ground that it had been done in violation of a court order. The said Court Order had been made by Ikpeme J. of the High Court Abuja in Abimbola Davis v. National Electoral Commission and 3 ors. Suit No. FCT/JC/M/299/93 (unreported) delivered on 9th June, 1993 restraining the Commission from holding the election on 12th June, 1993.

The Commission was not satisfied with the decisions of Saleh C.J. in the two afore-mentioned cases and appealed to the Court of Appeal. The Federal Military Government did not permit the Court of Appeal to hear and determine the appeals. It made the Presidential Election (Invalidation of Court Order, etc.) Decree 1993 No. 40 invalidating the decisions with effect from 22nd June, 1993. The Decree provided as follows:-

“1 (1) Any interim, interlocutory or final order, ruling, judgment, decision, direction or other pronouncement made or issued or to be made or issued by any court of law in Nigeria, on or before the commencement of this Decree, whether or not in exercise of its original jurisdiction, which order, ruling, judgment, decision, direction or pronouncement relates to the conduct, the holding or the release of the result of the Presidential Election held on 12th June, 1993 shall be null and void and of no effect whatsoever.