Muhammadu Buhari & Ors V Chief Olusegun Aremu Obasanjo & Ors (2003)

LAWGLOBAL HUB Lead Judgment Report

M. A. BELGORE, J.S.C.

This is an interlocutory appeal from the ruling of Court of Appeal in a Presidential Election petition before that court challenging the return of 1st Respondent, Chief Olusegun Obasanjo and 2nd respondent, Alhaji Atiku Abubakar as President and Vice-President respectively of the Federal Republic of Nigeria for 2003-2007 tenure. The Court of Appeal, by the Constitution of the Federal Republic of Nigeria, 1999, has original jurisdiction to entertain such petition. When the petition was filed, the appellants Muhammadu Buhari, Chuba Okadigbo, the Presidential and Vice-Presidential candidates respectively, and the political party on whose platform they contested the said election brought a Motion on Notice praying as follows:

“MOTION ON NOTICE FOR INTERLOCUTORY INJUNCTION UNDER SECTION 6(6) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA

TAKE NOTICE that this Honourable Court shall be moved on……the………. day of………. 2003 at 9:00 O’clock in the forenoon or so soon thereafter as applicants or counsel on their behalf may be heard for the following relief:

An order of this Honourable Court restraining the 1st and 2nd Respondents from presenting themselves for any Swearing-in Ceremony towards the commencement of the 20032007 tenure as President and Vice-President respectively of the Federal Republic of Nigeria on the 29th May, 2003, or any other date pending the determination of the substantive petition.

And for any other order or orders as the Honourable Court may deem fit and proper to make in the circumstance.

AND FURTHER TAKE NOTICE that the grounds upon which this application relies are as follows:

“(a) The petition raises very serious issues of law relating to the breach of the fundamental principles of the rules of natural justice and Section 42 (1)(b) of the 1999 Constitution of the Federal Republic of Nigeria which touch on the fundamental competence of the 3rd Respondent to conduct the election.

(b) The petition questions the eligibility of the 1st Respondent to contest the election.

(c) The petition raises very serious questions of validity of the election predicated on a prima facie breach of the principles enunciated by the Supreme Court decision in Madukolu v. Nkemdilim (1962) 25 SNLR 341.

(e) It is in the interest of the just determination of the election Petition that the status quo be maintained.”

The application was filed on 22nd May, 2003. The application was argued before the trial court on the same day, all the necessary parties having been served with the Hearing Notice. In a short ruling delivered on 27th May 2002, by Abudullahi, President,

Court of Appeal and concurred to by Oguntade, Mahmud Mohammed, Nsofor and Tabai, JJCA., the application was refused. Learned President held inter alia as follows:

“………….the Res before me in this application by its very nature indestructible or liable to extinction by the fact that the Respondents 1 & 2 are sworn in ……..I do not see how the swearing-in of the 1st respondent on 29th May, 2003, can derogate from the strength of the petitioners’ cause before this court. Clearly this application cannot be seen as one designed to protect any Res. This court will still be able to fairly and objectively adjudicate on the merit of the petition even if the 1st respondent is sworn in on 29th May, 2003.”