OGUNDARE OSASONA VS OBA ADETOYINBO AJAYI
June 11, 2025CHIEF J. A. OJO V SAULA OGISANYIN ANIBIRE & ORS
June 11, 2025Legalpedia Citation: (2004) Legalpedia (SC) 65311
In the Supreme Court of Nigeria
Fri May 7, 2004
Suit Number: SC.193/2003
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
IGANTIUS CHUKWUDI PATS-ACHOLONU, JUSTICE, SUPREME COURT
PARTIES
ALHAJI MOHAMMED DIKKO YUSUFMOVEMENT FOR DEMOCRACY AND JUSTICE (M.D.J) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants complained that some of the grounds of the petitioner’s petition were founded on breaches of the constitution and the Companies And Allied Matters Act(CAMA) and that the petitioner did not join persons against whom allegations of illegalities were made. They also sought to strike out certain paragraphs of the petition. ?
HELD
The court held that an election petition cannot be founded on breaches of the constitution and CAMA but dismissed the other objections. ?
ISSUES
1. Whether or not breaches of the Constitution and Companies and Allied Matters Act (1990) are cognizable in an election Petition based, founded and rooted in the Constitution, in this case under Section 239(1)(a) of the 1999 Constitution2. Whether or not 5th – 39th and 42nd – 56th Respondents should be struck out from the Petition.3. Whether or not reliefs in paragraphs 18, 19 and 20 can be sustained having regard to the circumstances of this case? 4. Whether or not order of dismissal of the Appellant’s motion on notice by the lower Court was a proper order in the circumstances of this case.
RATIONES DECIDENDI
CASES CITED
1. BUHARI & ANOR VS. YUSUF & ANOR (2003) 14 NWLR (PT.841) 446; (2003) 11 SCM, 892. EGOLUM V. OBASANJO (1999) 7 N.W.L.R. (PT. 611) 355, 3. ONOJOM V. EGARI (1999) 5 N.W.L.R. (PT. 603) 416)4. EZEOBI. V. NZEKA (1989), N.W.L.R. (PT. 98) 478;5. SANYAOLU V. INEC (1999) 7 N.W.L.R. (PT. 612) 600; 6. ANAZODO V. AUDU (1999) 4 N.WL.R. (PT. 600) 530.?
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria 1999?
