On the same day of August 9, 1979, Justice Alexander constituted the election tribunal on the Presidential election. Members of the tribunal were Justice Boonyamin Oladiran Kazeem (Chairman) while Justice A.I. Aseme and Justice A.B. Wali were members.
Justice Kazeem was born in Lagos on August 29, 1922. He had his education at the Government School, Lagos, Christ Missionary Society Grammar School, Lagos and the University of London, England. He was called to the Bar and as clerk, 1942-1950, crown counsel, 1954-1959, senior crown counsel, 1959-1961, principal crown counsel, 1961-1963, legal adviser, 1963-1964, deputy solicitor-general, 1964-1965, solicitor-general general and permanent secretary, 1965-1967, judge High Court, Lagos, 1967-1976, appointed judge, Federal Court of Appeal, 1977; member, Nigerian Institute of International Affairs, member and Nigerian Society of International Law.
Justice Kazeem was later elevated to the Court of Appeal and to the Supreme Court. On August 11, 1979, the Senate and Presidential elections were held throughout the country.
On August 17, 1979, the Federal Electoral Commission declared Alhaji Usman Aliyu Shehu Shagari as the winner of the Presidential Election.
In a two-page prepared statement read at a Press conference in Lagos by the returning officer, Mr. Fredrick Menkiti, the Federal Electoral Commission (FEDECO) said Alhaji Usman Aliyu Shehu Shagari GCFR (February 25, 1925- December 28, 2018), satisfied the provision of section 34 (A), subsection (1)(C)(1) of the Electoral Decree No. 73 of 1977 by scoring the highest number of votes cast at the election. I attended the declaration on that day at Onikan, Lagos, almost forty-five years ago.
Mr. Menkiti declared “He also satisfied the provision of subsection (1) (c) (11) of the same section. He has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the states in the Federation.”
“The Electoral Commission considers that in absence of any legal explanation of guidance in the Electoral Decree, it has no alternative than to give the phrase at least two thirds of all the states in the Federation—in section 34(A) subsection 1 (c) 11 of the Electoral Decree the ordinary meaning which applies to it.
“In the circumstances, the candidate who scores at least one-quarter of the votes cast in 12 states and one-quarter of two-thirds, that is, at least one-sixth of the votes cast in the 13th state satisfies the requirement of the subsection.”
This is the full text of the Federal Electoral Commission’s statement on the presidential election on that day:
“I certify that having carried out my duties and the formalities required by the Electoral Decree 1977, the result of the poll carried out in the Federation on August 11, 1979, is as follows in order of the number of votes each candidate received: Candidate Alhaji Shehu Shagari 5, 698,857, Candidate Chief PObafemi Awolowo 4,916,651, Candidate DR. Nnamdi Azikiwe 2,822,523, Candidate Alhaji Aminu Kano 1,732,113, Candidate Alhaji Waziri Ibrahim 1,686,489.
Alhaji Shehu Shagari has satisfied the provision of Section 34 A subsection (i) (c) (i) of Electoral Decree No 13 of 1977, that is to say, he has the highest number of votes at the election.
From the details of the state-by-state results, this candidate has also satisfied the provision of sub-section (i) c) (ii) of the same election in each of at least two-thirds of all states in the Federation.
The Federal Electoral Commission considers that in the absence of any legal explanation or guidelines in the electoral decree, it has no alternative than to give the phrase “at least two-thirds of all states in the Federation” in section 34a subsection 1 (c) (ii) of the electoral decree the ordinary meaning which applies to it.
In the circumstances, the candidate who scores at least one-quarter of the votes cast in 12 states and one-quarter of two-thirds, that is, at least one sixth of the votes cast in the 13th state satisfies the requirement of the sub-section.
Accordingly, Alhaji Shehu Shagari GCFR is hereby declared elected President of the Federal Republic of Nigeria.”
After the declaration, Chief Obafemi Awolowo (March 6, 1909 – May 9, 1987) of the UPN went to the election tribunal headed by Justice Kazeem, who rejected his request.
Justice Alexander retired on August 21.
The then Military Head of State, General Olusegun Obasanjo GCFR, invited Justice Atanda Fatai Williams (October 22, 1918-April 10, 2002), then a Justice of the Supreme Court, to a meeting at the seat of power at Dodan Barracks, Lagos. At the meeting, Obasanjo offered Fatai Williams the office of the Chief Justice of the Federation.
In his memoirs, Faces, Cases and Llaces, published in 1983, Justice Atanda Fatai Williams claimed that the offer “was totally unexpected, and, for the first time in my life, I was at a loss for words”, adding that General Obasanjo “watched my discomfiture with relish and delight.”
Chief Awolowo’s petition finally ended in the Supreme Court which endorsed FEDECO’s declaration on September 26, 1979, just five days before the inauguration of Alhaji Shehu Shagari as the President. The case was SUIT NO SC62/1979.
Justice Atanda Fatai Williams GCON (October 22, 1918 – April 10 , 2002) was assisted in his ruling by Justice Mohammed Bello GCON , Justice Mohammed Lawal Uwais GCON (88), Justice Chukwunweike Idigbe (1923–1983) and Justice Gabriel Ayo Gabriel Irekefe GCON (March 3, 1922 – August 1, 1996).
Justice Andrew Otutu Obaseki (June 11, 1926-July 13, 2017) partially disagreed with the majority judgment while Justice Kayode Eso ( September18, 1925-November 16, 2012) supported Chief Obafemi Awolowo’s position.
Addressing a press conference after the FEDECO declaration in Lagos which I also attended, Alhaji Shehu Usman Aliyu Shagari GCFR said “I extend my hands of friendship to them and ask them to join me in the task of building a united, prosperous and virile nation of which we can all be justly proud. We need an atmosphere of friendship amongst all Nigerians. I believe that if our nation is to be truly great, we must come together as a family to solve our common problems. After all, the objectives of all the five political parties are similar. So let us work together in harmony towards the fulfilment of these objectives.”
Thereafter his party, the National Party of Nigeria (NPN) struck an accord with the Nigerian Peoples Party (NPP) of Dr. Nnamdi Azikiwe (16 November 1904- 11 May 1996).
To be continued tomorrow.
Teniola, a Former Director at the Presidency wrote from Lagos.
