ELECTION LAW — Qualification for Office — Previous Appointment as Military Head of State Does Not Constitute Previous Election to Office of President
Ratio Decidendi
Per Edozie, JSC, in Ojukwu v. Obasanjo & Ors (2004) NLC-1992003(SC) at pp. 48–49; Paras E–B:
"Even if, but without conceding, that the '1976 appointment' is by any strained construction equated to an election into the office of the President of the Federal Republic of Nigeria, the 1999 Constitution and the provisions therein including the section under consideration have no retrospective effect to include the appointment made in 1976 before the coming into effect of the 1999 Constitution in May, 1999."
Explanation / Scope
The 1999 Constitution does not have retrospective effect. The principle applies to constitutional law. A military appointment before 1999 cannot be treated as an election under the 1999 Constitution. The rule protects the non-retroactivity principle. The court will not give retrospective effect to constitutional provisions. The principle is well-established.