BRIG. GEN. MOHAMMED BUBA MARWA V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

SUBJECT MATTER

ELECTION PETITION

ELECTION PETITION – EXTENT/EFFECT OF AN ANNULLED ELECTION

ELECTION PETITION – MEANING OF ELECTION

ELECTION PETITION – NATURE OF OATH OF ALLEGIANCE VIS-À-VIS THE ELECTION INTO OFFICE

CONSTITUTION – SUPREMACY OF THE CONSTITUTION

INTERPRETATION OF STATUTE – MEANING OF ‘GOLDEN RULE’ OF INTERPRETATION

NOTABLE PRONOUNCEMENT – NATURE OF GOVERNANCE

The order of court in an annulled election has no retrospective effect on the tenure and actions taken by the governor before the nullification order.  Therefore both the pre-nullification tenure and acts flowing from it are recognizable by law as the valid legal effect of the annulled election. The period spent in office as governor by the person concerned must count as part of his tenure.PER ADEKEYE, JSC

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