BERNARD DAN-JUMBO VS DR STEPHEN DAN- JUMBO & ORS
June 27, 2025CHIABEE BAYOL V IORKIGHIR AHEMBA
June 27, 2025Legalpedia Citation: (1999-07) Legalpedia 80449 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Jul 16, 1999
Suit Number: SC.66/1999
CORAM
M.L. UWAIS, JUSTICE SUPREME COURT
A.B. WALI, JUSTICE SUPREME COURT
I.L. KUTIGI, JUSTICE SUPREME COURT
M.E. OGUNDARE, JUSTICE SUPREME COURT
U. MOHAMMED, JUSTICE SUPREME COURT
PARTIES
1. PEOPLES’ DEMOCRATIC PARTY
2. MR. BONNIE HARUNA
APPELLANTS
1. INDEPENDENT NATIONAL ELECTORAL COMMISSION
2. THE RESIDENT ELECTORAL COMMISSIONER ADAMAWA STATE
3. ALL PEOPLES’ PARTY
4. DR. BALA TAKAYA
5. ABDUL RAHMAN ADAMU
RESPONDENTS
AREA(S) OF LAW
INTERPRETATION OF STATUE – THE MAXIM “EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS” – HARDSHIP
SUMMARY OF FACTS
The election to the office of the Governor of Adamawa State took place on the 9th day of January, 1999. The 2nd Appellant was a running mate to Alhaji Atiku Abubakar for the offices of Deputy Governor and Governor respectively. They both were sponsored by 1st Appellant. The 4th and 5th Respondents were also candidates in the election. They contested for the offices of Governor and Deputy Governor respectively, and were sponsored by the 3rd Respondent. At the end of the election, Alhaji Atiku Abubakar and 2nd Appellant were duly returned elected as Governor and deputy Governor of Adamawa State.
HELD
That by the provisions of Section 37 subsection (1) of Decree No. 3 of 1999, the 2nd Respondent as Deputy Governor elect is entitled to be sworn in as Governor of Adamawa State.
ISSUES
1. Whether the 2nd Appellant is, under and by virtue of Section 45 (1) of Decree No. 3 of 1999, entitled to be sworn in as Governor of Adamawa State at the end of the present Transition Programme.”
2. Whether the election intended to be conducted by the 1st and 2nd Respondents to the office of Governor of Adamawa State is an election specified by law or allowed by law when there is a duly elected Deputy Governor of Adamawa State.
RATIONES DECIDENDI
CONSTITUTIONALLY GUARANTEED RIGHT
Where the Constitution bestows a right on the citizen and does not expressly take away or provide how the right should be lost or forfeited in the circumstance, we have the duty and indeed the obligation to ensure that the enured right is not lost or denied the citizen by construction that is narrow and not purposive. To this end the established practice of this Court is where the constitutional right in particular, and indeed any right in general, of a citizen is threatened or violated, it is for the Court to be creative in its decision in order to ensure that it preserves and protects the right by providing remedy for the citizen -Per Muhammadu l. Uwais JSC
CASES CITED
Abdulkarim v Incar, (Nigeria) Ltd (1992) 2 N.S.C.C. (Part2) 564 at p. 572
Afolabi & Ors. v Governor of Oyo State 2 NMLR.(Part9) 734
Aliu v Bello v A-G. of Oyo State; (1986) 5 NMLR.(Part45) 828
STATUTES REFERRED TO
Decree No. 17 of 1998
Decree No. 3 of 1999
Decree No. 33 of 1998
Decree No. 34 of 1998
The Constitution of the Federal Republic of Nigeria, 1979, Cap. 62
The State Government (Basic Constitutional and Transitional provisions) (Amendment) Decree, No. 4 of 1999
