Article 177 of the Constitution
[11]
Given its central importance to these proceedings, it is helpful to set out so much
of Article 177 as is particularly relevant to this case. That Article addresses the
election of the President. It states:
177. (1) Any list of candidates for an election held pursuant to the
provisions of article 60 (2) shall designate not more than one of those
candidates as a Presidential candidate. An elector voting as such an election
in favour of a list shall be deemed to be also voting in favour of the
Presidential candidate named in the list.
(2)
Where –
(a) …; or
(b) there are two or more Presidential candidates, if more votes
are cast in favour of the list in which a person is designated
as Presidential candidate than in favour of any other list,
that Presidential candidate shall be deemed to be elected as President and
shall be so declared by the Chairman of the Elections Commission acting
only in accordance with the advice of the Chief Election Officer, after such
advice has been tendered to the Elections Commission at a duly summoned
meeting.
(3)
…
(4) The Court of Appeal shall have exclusive jurisdiction to hear and
determine any question as to the validity of an election of a President in so
far as that question depends upon the qualification of any person for election
or the interpretation of this Constitution; and any decision of that Court
under this paragraph shall be final.
(5) Subject to the provisions of this Constitution, Parliament may
make provision for giving effect to the provisions of this Title and, without
prejudice to the generality thereof, may make provision –
(a) for the conduct of elections to the office of President; and