The Awolowo v. Shagari case was a lawsuit between Chief Obafemi Awolowo and Alhaji Shehu Shagari in which Chief Obafemi Awolowo's petition challenged the declaration of Shehu Shagari as the president elect of the 11 August 1979, presidential election.
| Awolowo v. Shagari case | |
|---|---|
 | |
| Court | Supreme Court of Nigeria Suit No: SC.62/1979 |
| Decided | 26 September 1979 |
| Case history | |
| Related action | [1] |
| Court membership | |
| Judges sitting | Atanda Fatai Williams Mohammed Bello Kayode Eso, Mohammed Uwais Andrews Otutu Obaseki Ayo Gabriel Irikefe Chike Idigbe |
| Case opinions | |
| Decision by | Kayode Eso |
| Concurrence | Atanda Fatai Williams |
| Dissent | Kayode Eso |
Summary Of Judgement
editThis is an Election petition where the Court was called upon to interpret Section 34 A (i) (ii) of Electoral Decree No 73 of 1977. The Appellant (I.e) Awolowo contested the declaration of the first Respondent as President of the Federal Republic of Nigeria on the grounds that Section 34 A(i)(c)(ii) of the Electoral Decree had not been satisfied (i.e.) (winning one quarter of the votes in two thirds of all the states of the federation). The Election Tribunal dismissed the Appellant's claims, affirming the Election of the first Respondent. The Appellant appealed. This Court (Supreme Court) affirmed the decision of the tribunal and dismissed this appeal.[2][3][4] The case was decided by the Supreme Court of Nigeria on 26 September 1979, and the presiding judge was Atanda Fatai Williams, while the only dissenting judge was Kayode Eso.[5][6]
References
edit- ^ "THE DOCTRINE OF SUBSTANTIAL COMPLIANCE: A doctrine of substantial folly". Vanguard News. Retrieved 26 April 2015.
- ^ "CHIEF OBAFEMI AWOLOWO V. ALHAJI SHEHU SHAGARI & ORS". lawpavilionpersonal.com. Retrieved 5 June 2017.
- ^ "Awolowo vs. Shagari: The Day The Law Died In Nigeria By Seyi Olu Awofeso". Sahara Reporters. Retrieved 26 April 2015.
- ^ "Sahara Reporters". Sahara Reporters. Retrieved 26 April 2015.
- ^ "Excerpt from Eso's dissenting judgment in Awolowo v Shagari case". The Punch - Nigeria's Most Widely Read Newspaper. Archived from the original on 3 March 2013. Retrieved 26 April 2015.
- ^ "Kayode Eso's remarkable judgment". Daily Independent, Nigerian Newspaper. Archived from the original on 26 April 2015. Retrieved 26 April 2015.
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