Awolowo V. Shagari Case
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The Awolowo v. Shagari case was a lawsuit between Chief
Obafemi Awolowo Chief Obafemi Jeremiah Oyeniyi Awolowo (; 6 March 1909 – 9 May 1987) was a Yoruba nationalist and Nigerian statesman who played a key role in Nigeria's independence movement (1957-1960). Awolowo founded the Yoruba nationalist group Egbe O ...
and Alhaji
Shehu Shagari Shehu Usman Aliyu Shagari (25 February 1925 – 28 December 2018), titled Turakin Sokoto from 1962, was the first democratically elected President of Nigeria, after the transfer of power by military head of state General Olusegun Obasanjo i ...
in which Chief Obafemi Awolowo's petition challenged the declaration of
Shehu Shagari Shehu Usman Aliyu Shagari (25 February 1925 – 28 December 2018), titled Turakin Sokoto from 1962, was the first democratically elected President of Nigeria, after the transfer of power by military head of state General Olusegun Obasanjo i ...
as the president elect of the 11 August 1979, presidential election.


Summary Of Judgement

This 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. The case was decided by the
Supreme Court of Nigeria The Supreme Court of Nigeria (SCN) is the highest court in Nigeria, and is located in the Central District, Abuja, in what is known as the Three Arms Zone, so called due to the proximity of the offices of the Presidential Complex, the National As ...
on 26 September 1979, and the presiding judge was Atanda Fatai Williams, while the only dissenting judge was Kayode Eso.


References

{{Reflist Nigerian case law 1979 in case law 1979 in Nigeria Supreme Court of Nigeria