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GENERAL MUHAMMADU BUHARI V INDEPENDENT NATIONAL ELECTORAL COMMISSION

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GENERAL MUHAMMADU BUHARI V INDEPENDENT NATIONAL ELECTORAL COMMISSION

Legalpedia Citation: (2008-12) Legalpedia (SC) 66312

In the Supreme Court of Nigeria

Fri Dec 12, 2008

Suit Number: SC. 51/2008

CORAM


IDRIS LEGBO KUTIGI, CJN JUSTICE, SUPREME COURTALOYSIUS IYORGYER KATSINA-ALU,, JUSTICE ,SUPREME COURT


PARTIES


1. GENERAL MUHAMMADU BUHARI2. MOHAMMED BELLO APPELLANTS


INDEPENDENT NATIONAL ELECTORAL COMMISSION

RESPONDENTS 


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant challenged the presidential election on the grounds, inter alia, of non- compliance with the Electoral Act 2006. The depositions of his witnesses were sworn before his counsel and contained legal arguments and conclusions.


HELD


The court held that it was not proved that the non- compliance complained about substantially affected the outcome of the election.


ISSUES


1. Whether the Court of Appeal was right when it held that the petitioner presented evidence on four States only.2. Whether on a proper evaluation of the evidence adduced in this petition, the petitioner was not entitled to judgment.?


RATIONES DECIDENDI


CASES CITED


1. Awolowo vs. Shagari (1979)6-9 SC 51; 2. Itute v. INEC (1999) 4 NWLR (Pt. 599) 360; 3. Akinfosile v. Ijose (1960) SCNLR 447; 4. Ajadi v. Ajibola (2004) 16 NWLR (Pt. 898)915. Buhari v. Obasanjo (2005) 2 NWLR (Pt. 910) 241?


STATUTES REFERRED TO


1. The Electoral Act 2006

2. The Constitution of the Federal Republic of Nigeria 19993

 


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