ELECTION LAW — Qualification for Office — “Office” of President Under Section 137(1)(b) of 1999 Constitution Defined by Section 318 Thereof
Ratio Decidendi
Per Edozie, JSC, in Ojukwu v. Obasanjo & Ors (2004) NLC-1992003(SC) at p. 46; Paras D–E:
"By implication, therefore, election to the office of the President as used in section 137(1)(b) of the 1999 Constitution relates to the office of the President of Federal Republic of Nigeria to which one is appointed by the process of an election under the 1999 Constitution."
Explanation / Scope
The office of President refers to the constitutional office filled by election. The principle applies to election law. The definition in section 318 controls. The rule excludes military appointments. The court will interpret the Constitution accordingly. The principle is well-established.