ABDULMALIK EGBUNIKE, ESQ VS MARC & MEI NIGERIA LTD
June 2, 2025CHIEF D.S. YARO V AREWA CONSTRUCTION LIMITED (IN RECEIVERSHIP) & 2 ORS
June 2, 2025Legalpedia Citation: (2007) Legalpedia (SC) 85118
In the Supreme Court of Nigeria
Fri Jun 29, 2007
Suit Number: SC.69/2007
CORAM
ALOYSIUS IYORGYER KATSINA-ALU JUSTICE, SUPREME COURT (Lead Judgment)
PARTIES
ACTION CONGRESS (AC)ALHAJI ATIKU ABUBAKAR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Alhaji Atiku Abubakar, Vice President of the Federal Republic of Nigeria and the candidate of the Action Congress in the 2007 Presidential election was disqualified from contesting the election on the grounds that he had been indicted for corruption by the Economic and Financial Crimes Commission (EFCC).
HELD
The defendant has no power to disqualify candidates under the provisions of the Constitution of the Federal Republic of Nigeria 1999 and the Electoral Act 2006. Also, the power to disqualify any candidate sponsored by any political party including the 1st plaintiff from contesting an election is vested in the courts as provided for in section 32(5) of the Electoral Act 2006.
ISSUES
Whether the defendant has the power to disqualify any candidate sponsored by a political party including the 2nd plaintiff from contesting an election in the 2007 general elections having regard to the constitutional provisions and the Electoral Act, 2006
RATIONES DECIDENDI
CASES CITED
1. Buhari & Anor. v. Obasanjo & Ors (2005)13 NWLR (Pt.941) 1(219)2. Garba v. University of Maiduguri (1986)1 NWLR (Pt. 18) 5503. Sokefun v. Akinyemi (1981)1 NCLR 135?
STATUTES REFERRED TO
1. Constitution of the Federal Republic of Nigeria 19992. Electoral Act 2006
