Attorney-General of the Federation & 2 Ors v. Alhaji Atiku Abubakar & 3 Ors (S.C. 31/2007) [2007] NGSC 118 (20 April 2007)

This case interpreted the right of freedom of association to determine whether the action of a vice president abandoning the political party whose platform he and the President were elected and joining another political party, amounted to constructive resignation from office. Consequently, warranting the president to declare the seat of the vice president vacant.

 

This was an appeal against the decision of the Court of Appeal (CoA) that held, inter alia, that the purported declaration by the President of the Federal Republic of Nigeria of the office of the plaintiff as the Vice President of the Federal Republic of Nigeria as vacant was unconstitutional and of no effect.

 

The Supreme court noted that there is no express provision of the vacation of office of the vice president upon defection from his sponsoring political party to a rival party. The vice president can only resign from office as per the provisions of section 306 of the Constitution. The other clear provision relating to cessation of office and removal from office is said to be impeachment in sections 143 and 144 of the Constitution.

 

Accordingly, the appeal was dismissed.