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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 |
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 the 11 August 1979, presidential election. |
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==Summary Of Judgement== |
==Summary Of Judgement== |
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This is an Election petition |
This is an Election petition 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 that Section 34 A(i)(c)(ii) of the Electoral Decree had not been satisfied (i.e. winning one quarter of the votes in twothirds 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.<ref>{{cite web|url=http://www.lawpavilionpersonal.com/lawreportsummary.jsp?suite=olabisi@9thfloor&pk=SC.62/1979&apk=212|title=CHIEF OBAFEMI AWOLOWO V. ALHAJI SHEHU SHAGARI & ORS|website=lawpavilionpersonal.com|accessdate=5 June 2017}}</ref><ref>{{cite web|url=http://saharareporters.com/2013/01/26/awolowo-vs-shagari-day-law-died-nigeria-seyi-olu-awofeso|title=Awolowo vs. Shagari: The Day The Law Died In Nigeria By Seyi Olu Awofeso|work=Sahara Reporters|accessdate=26 April 2015}}</ref><ref>{{cite web|url=http://saharareporters.tumblr.com/post/41536764098/chief-obafemi-awolowo-v-alhaji-shehu|title=Sahara Reporters|work=Sahara Reporters|accessdate=26 April 2015}}</ref> |
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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]].<ref>{{cite web|url=http://www.punchng.com/feature/the-law-you/excerpt-from-esos-dissenting-judgment-in-awolowo-v-shagari-case-3/ |title=Excerpt from Eso’s dissenting judgment in Awolowo v Shagari case |work=The Punch – Nigeria’s Most Widely Read Newspaper |accessdate=26 April 2015 |url-status=dead |archiveurl=https://web.archive.org/web/20130303131958/http://www.punchng.com/feature/the-law-you/excerpt-from-esos-dissenting-judgment-in-awolowo-v-shagari-case-3/ |archivedate=3 March 2013 }}</ref><ref>{{cite web|url=http://dailyindependentnig.com/2012/11/kayode-esos-remarkable-judgment/ |archive-url=https://archive.today/20150426194257/http://dailyindependentnig.com/2012/11/kayode-esos-remarkable-judgment/ |url-status=usurped |archive-date=26 April 2015 |title=Kayode Eso’s remarkable judgment |work=Daily Independent, Nigerian Newspaper |accessdate=26 April 2015 }}</ref> |
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]].<ref>{{cite web|url=http://www.punchng.com/feature/the-law-you/excerpt-from-esos-dissenting-judgment-in-awolowo-v-shagari-case-3/ |title=Excerpt from Eso’s dissenting judgment in Awolowo v Shagari case |work=The Punch – Nigeria’s Most Widely Read Newspaper |accessdate=26 April 2015 |url-status=dead |archiveurl=https://web.archive.org/web/20130303131958/http://www.punchng.com/feature/the-law-you/excerpt-from-esos-dissenting-judgment-in-awolowo-v-shagari-case-3/ |archivedate=3 March 2013 }}</ref><ref>{{cite web|url=http://dailyindependentnig.com/2012/11/kayode-esos-remarkable-judgment/ |archive-url=https://archive.today/20150426194257/http://dailyindependentnig.com/2012/11/kayode-esos-remarkable-judgment/ |url-status=usurped |archive-date=26 April 2015 |title=Kayode Eso’s remarkable judgment |work=Daily Independent, Nigerian Newspaper |accessdate=26 April 2015 }}</ref> |
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Latest revision as of 07:16, 19 November 2025
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 following the 11 August 1979, presidential election.
Summary Of Judgement
[edit]
This is an Election petition in which 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, arguing 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]
