BADEBO PATRICK RHODES-VIVIOUR & 1ORS VS INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 3ORS

SC/CV/1152/2023

JUDGMENT
(Delivered by ADAMU JAURO, JSC)

I have had the benefit of reading in advance the lead judgment just delivered by my learned brother, Mohammed Lawal Garba, reached by him.
SC, and I entirely agree with the reasoning and conclusions The Appellant’s Petition before the trial tribunal was essential contested only on the ground that the 2nd Respondent was at the time of the election, not qualified to contest the election. The Appellant alleged, that the 2^nd Respondent was not qualified by virtue of Section 182(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), in that his running mate, the 3rd Respondent, had naturalized as a citizen of the USA and also swore to an Oath of Allegiance of the USA.

Section 182(1)(a) of the Constitution is made subject to Section 28 of the Constitution. The words “subject to” is often used in statutes to introduce a condition, proviso, restriction or limitation. When a provision statutory or constitutional is made subject to another provision, it must be read subordinate to the provision it is made subject to. See OLUFEAGBA V. ABDUL-RAHEEM (2009) 18
NWLR (PT. 1173) 384; FRN V. OSAHON & ORS (2006)
LPELR – 3174 (SC); EBHOTA & ORS V. PLATEAU INVESTMENT AND PROPERTY DEVELOPMENT CO. LTD
(2005) LPELR – 988 (SC). When Section 182(1)(a) of the Constitution is read in conjunction with Section 28 of the
Constitution, bearing in mind that the former is rendered subordinate to the latter, the meaning that is clearly conveyed is that a person who is a citizen of Nigeria by birth does not lose his Nigerian citizenship, neither is he rendered unqualified to contest for the position of Governor or Deputy Governor of a State if he acquires the citizenship of another country or declares allegiance to such other country. By virtue of Section 28, such a person will only lose his citizenship and become unqualified if he renounces his Nigerian citizenship as prescribed in Section 29 of the Constitution. Hence, the 3rd Respondent who is a Nigerian citizen by birth neither lost his citizenship nor was he disqualified from contesting for the office of Governor or Deputy Governor.
It is for this and the fuller reasons given in the lead judgment that I too find no merit in this appeal and I dismiss it. I abide by all the consequential orders made.

ADAMU JAURO,
JUSTICE, SUPREME COURT

APPEARANCES:
MR. S. A. ARUWA, SAN, for the Appellant; with him, MRS.
ADEBUSOLA SIJUADE IYAMU, ESQ; OLAGBADE BENSON, ESQ;

MRS. OLUWAKEMI J. AFESOJAYE, ESQ and IHEANYICHUKWU C.
UWA, ESQ.
DR. CHARLES UWENSUYI-EDOSOMWAN, SAN for the 15 Respondent; with him, MR FRANKLIN EJEH, ESQ and IBISO A.
AWOYESUKU, ESQ.
CHIEF WOLE OLANIPEKUN, CFR, SAN; with him, MR.. BODE OLANIPEKUN, SAN; MR SAID SANUSI, SAN; OLUKUNLE OYEWOLE, ESQ and AYUBA KAWU, ESQ, for the 2nd and 3rd Respondents.
DR MUIZ BANIRE, SAN, OON, for the 4th Respondent; with him, TEJUMOLA ABIOLA-OLOKE, ESQ; OLAJIDE SALAMI, ESQi SIMILOLUWA FASHANU, ESQ and AYOMIDE OLANREWAJU, ESQ, for the 4th Respondent.