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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JABIN ONESA OGAGA V. THOMAS E. UMOKORO & 3 ORS

Subject matterChieftaincy matters – Supremacy of the Constitution

Supremacy of the Constitution– Effect of Section 6 (6) (b) and Section 236 of the 1979 Constitution on the Supremacy and Enforcement Powers Decree No. 12 of 1994 and Section 32 of the Traditional Rulers and Chief Edict, 1979.

Position of Existing Decrees and Edicts inconsistent with the Constitution

All existing laws and/or any provision in a state laws which are not in conformity or tend to derogate from the powers of such courts shall to the extent of such inconsistency, be voidMary Ukaego Peter- Odili JSC quoting Ighu JSC in Benin Rubber Producers Ltd v. Ojo

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First Bank of Nigeria Plc V. T.S.A Industries Limited

Subject Matter

Supremacy of the Constitution, Compliance with Court Rules and Natural Justice

Practice and Procedure – Effect of procedural nonfeasance or misfeasance of counsel

Appeal – Grounds of Appeal – Clarification of grounds of appeal; whether of law, or mixed law and fact

“I agree with the reasoning and view of the appellant. That a citizen’s right to an opportunity to be heard before a decision is made against him in a suit to which he is a party is of fundamental and constitutional nature that ought not to be taken from him simply because of the procedural error of his counsel, his opponent or the Court registry, particularly when it does not fundamentally affect the opposing side.”

– per O.O Adekeye, J.S.C

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