TORTI V. UKPABI
July 24, 2025CHIEF J.I. NWOBODO V CHIEF C. C. ONAH & ORS
July 24, 2025Legalpedia Citation: (1984) Legalpedia (SC) 12411
In the Supreme Court of Nigeria
Fri Jan 13, 1984
Suit Number: SC. 106/1983
CORAM
IKECHl FRANCIS OGBUAGU, JUSTICE SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
PARTIES
OBIH APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The petitioner, Obih, who was one of the defeated candidates, in a gubernatorial election filed an election petition against the 1st respondent who won the election and 2 others complaining against the return of the 1st respondent. Both the High Court and the Federal Court of Appeal dismissed his petition.
HELD
The Court held that the incumbent governor was not immuned from election petition proceeding. The matter was consequently sent back for retrial on the merit.
ISSUES
Whether an election petition was “civil proceedings” within the purview of section 267 and other related sections of the Constitution
RATIONES DECIDENDI
2. It appears to me that to have a provision which will protect a Governor from being challenged in court in an election petition, it has to be so specific that it will admit of no equivocation. Certainly, a Governor after completing a term of four years has every right to seek a second term once he can satisfy the pre-requisites as set out in the Constitution and the Electoral Act. But where he is declared elected by the FEDECO and his election is challenged, he cannot hide under the immunity provided for Governors by section 267 of the Constitution. Per Eso, JSC
A Governor is not immuned to Election Petition
1. I am of the opinion that election petitions were special proceedings completely divorced and separated from civil proceedings within the context of section 267 of the Constitution and consequently a Governor was not immuned from legal proceedings against him in respect of an election petition. Per Bello, JSC
Interpretation of the Constitution
In the interpretation and construction of our 1979 Constitution, I must bear the following principles of construction in mind: (1) A construction nullifying a specific clause will not be given to the Constitution unless absolutely required by the context. (2) A constitutional power cannot be used by way of a condition to attain unconstitutional result. (3) The Constitution of the Federal Republic of Nigeria is an organic scheme of government to be dealt with as an entirety; a particular provision cannot be dissevered (sic) from the rest of the Constitution. (4) The principles upon which the Constitution was established rather than the direct operation or literal meaning of the words used, measure the purpose and scope of the provision. (5) Words of the Constitution are therefore not to be read within stultifying narrowness. Per Obaseki, JSC
CASES CITED
Oyekan v. Akinjide (1965) NMLR 381 at 383
Rabiu v. Kano State (1980) 8 – 11 S.C 130
Attorney General of Bendel State v. Attorney General of Federation and 22 others (1982) 3 NCLR 1
STATUTES REFERRED TO
The Electoral Act 1982
The Constitution of the Federal Republic of Nigeria1963
The Constitution of the Federal Republic of Nigeria1979
