IN THE SUPREME COURT OF NIGERIA
HOLDEN AT ABUJA
12′ DAY OF JANUARY, 2024
BEFORE THEIR LORDSHIPS
BEFORE THEIR LORDSHIPS
JOHN INYANG OKORO
UWANI MUSA ABBA AJI
MOHAMMED LAWAL GARBA
ADAMU JAURO
EMMANUEL AKOMAYE AGIM
JUSTICE SUPREME COURT OF NIGERIA
JUSTICE SUPREME COURT OF NIGERIA
JUSTICE SUPREME COURT OF NIGERIA
JUSTICE SUPREME COURT OF NIGERIA
JUSTICE SUPREME COURT OF NIGERIA
- BADEBO PATRICK RHODES-VIVIOUR
AND
- INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
- BABAJIDE OLUSOLA SANWO-OLU
- DR. KADIRI OBAFEMI HAMZAT
- ALL PROGRESSIVE CONGRESS (APC)
APPELLANT
RESPONDENT
SC/CV/1152/2023
JUDGMENT
(Delivered by EMMANUEL AKOMAYE AGIM JSC)
I had a preview of the Judgment delivered by my learned brother, Lord Justice, MOHAMMED LAWAL GARBA, JSC. I completely agree with the reasoning, conclusions, decisions therein.
The 3rdrespondent being a Nigerian citizen by birth, his acquisition of the citizenship of United States of America (USA) and or declaration of allegiance to that country cannot strip or rob him of his right to contest election or disqualifying him for election as governor or any office in Nigeria by virtue of 5.28 (1) of the Constitution of the Federal Republic of Nigeria 1999 to which S.182 (1) (a) of the same Constitution had subordinated itself. Therefore only persons who are not citizens of Nigeria by birth, such as citizens by registration or naturalization can suffer the disqualification for election to the office of governor of state prescribed in S.182 (1) (a) upon their acquisition of the citizenship of another country or declaration of allegiance to such other country.
For these reasons and the fuller ones ably stated in the lead judgment by Lord Justice Mohammed Lawal Garba, JSC, 1 dismiss this appeal.
EMMANUEL AKOMAYE AGIM
JUSTICE SUPREME COURT
APPEARANCES:
Pust A. Amuda-Kannike, SAN with D.D. Fiderikumo, Esa and A. O.
Yusuf, Esq for the Appellant.
K.O Balogun, Esq for the 1st Respondent
Respondent
