ELECTION LAW — Qualification for Office — Appointment Distinguished from Election
Ratio Decidendi
Per Tobi, JSC (reciting evidence of 1st respondent), in Ojukwu v. Obasanjo & Ors (2004) NLC-1992003(SC) at pp. 34–35; Paras E–A:
"There are differences between appointment and election. Election by my understanding is the result of voting. Appointment does not involve voting."
Explanation / Scope
Election involves voting; appointment does not. The principle applies to election law. The distinction is crucial for qualification under the Constitution. The rule clarifies that military appointments are not elections. The principle is well-established.