ELECTION LAW — Qualification for Office — Meaning of “Election” Under Section 137(1)(b) of 1999 Constitution Distinguished from Military Appointment
Ratio Decidendi
Per Onu, JSC, in Ojukwu v. Obasanjo & Ors (2004) NLC-1992003(SC) at pp. 27–28; Paras E–A:
"The only method for electing a person to fill the office of the President of Nigeria is by the electoral process provided for in section 132 of the Constitution. It cannot be otherwise in a democratic set up."
Explanation / Scope
Presidential election must follow the constitutional electoral process. The principle applies to election law. Military appointment is not an election. The rule protects democratic governance. The court will enforce the constitutional definition. The principle is well-established.