CONGRESS FOR PROGRESSIVE CHANGE & ANOR VS ADMIRAL NYAKO

CORAM

OGWUEGBU

ENEH        JUSTICE, SUPREME COURT

COOMASSIE    JUSTICE, SUPREME COURT

FABIYI        JUSTICE, SUPREME COURT

PARTIES

1. CONGRESS FOR PROGRESSIVE CHANGE

2. GEN. MOHAMMED BUBA MARWA ?

APPELLANTS 

ADMIRAL NYAKO

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The 1st and 2nd Respondents dragged 3rd Respondent (INEC) to the trial Court following the issuance by INEC the 3rd Respondent of the Notice of Election to the stakeholders and the General Public in exercise of its powers under the Constitution that Governorship elections will hold in some of the states of the Federal Republic of Nigeria in January. The trial judge gave judgment in favour of the respondents

HELD

Whether or not the applicants have shown on the materials brought in support of their application that they are persons whose interest has been prejudicially affected by the decision of the trial Federal High Court Abuja delivered on 23rd February, 2011 and affirmed by the Court of Appeal Abuja Division in its judgment handed down on 15th April, 2011 which the Applicants are now seeking leave to appeal against.

ISSUES

RATIONES DECIDENDI

APPLICATION FOR GRANT OF LEAVE TO APPEAL

“The general rule is that an application for leave to appeal will be granted where the grounds of appeal raise issues of general importance or novel points of law or where the grounds of appeal show a prima facie arguable appeal” PER MOHAMMED JSC

WHAT APPLICANT MUST SHOW TO BE GRANTED LEAVE TO APPEAL

“Applicant must show not only that he is a person having interest in the matter but also that the order or judgment of the Court below he is seeking leave to appeal against prejudicially affects his interest.” PER MOHAMMED JSC

LOCUS STANDI FOR THE GRANT OF LEAVE TO APPEAL

“The law is well settled that for an Applicant to be entitled to be granted the relief of leave to appeal as person having interest in the matter” PER MOHAMMED JSC

CASES CITED

Ubagu v. Okachi (1964) 1 All N.L.R. 36Kigo (Nigeria) Ltd Vs Holman Brothers (Nigeria) Ltd. (1980) 5-7 S.C.62.

STATUTES REFERRED TO

1999 Constitution

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