From last week continues the narrative of how  the Federal Electoral Commission on August 17, 1979 declared Alhaji Shehu Shagari as the winner of the presidential election having, 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 45 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 OBAFEMI 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 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, 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 PLACES, 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. 

To be concluded