May 16, 2025
Legalpedia Citation: (2012) Legalpedia (SC) 64111 In the Supreme Court of Nigeria Fri Dec 7, 2012 Suit Number: SC. 339/2011 CORAM MAHMUD MOHAMMED JUSTICE, SUPREME COURT NWALI […]
CORAM
MAHMUD MOHAMMED JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
MAHMUD MOHAMMED JUSTICE, SUPREME COURT
MAHMUD MOHAMMED JUSTICE, SUPREME COURT
MAHMUD MOHAMMED JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
MAHMUD MOHAMMED JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
MAHMUD MOHAMMED JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
MAHMUD MOHAMMED JUSTICE, SUPREME COURT
EPHRAIM OMOROSE IBUKUN AKPATA, JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
MAHMUD MOHAMMED JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
MAHMUD MOHAMMED JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
MAHMUD MOHAMMED JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
PARTIES
HON. ABUBAKAR BALA APPELLANTS
MR. MUSA DIKKO & ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Mr. Peter Yohanna (2nd Respondent) won the chairmanship primary election of the People’s Democratic Party (PDP) conducted for the Bwari Area Council of the Federal Capital Territory and nominated Hon. Abubakar Bala, the Appellant as his running mate. However less than 60 days to the date of the Federal Capital Territory Area Council election, the 3rd Respondent in this Court, Independent National Electoral Commission (INEC), published a list of candidates for the said election for various Political Parties but omitted the name of Mr. Yohanna as the Peoples Democratic Party (PDP) Chairmanship candidate for Bwari Area Council and made an attempt to substitute him with the 1st Respondent, Mr. Musa Dikko.
The 2nd Respondent filed an action at the Federal High Court for the resolution of dispute by the judicial review of the action of the 3rd Respondent. The trial Court returned the Plaintiff/2nd Respondent as the Chairmanship candidate for the P.D.P. for Bwari Area Council in the election slated for 10/4/2010, which general election the 2nd Respondent won and was subsequently sworn in. Dissatisfied with the decision of the trial Court, the 1st Defendant/Respondent appealed to the Court of Appeal. The Interested party/Appellant applied to be joined to the appeal as the 4th Respondent but the application was refused on the grounds that he was not an interested party, and that the person who prepared the motion was not the same person who signed same. Dissatisfied with the ruling of the Appellate Court, the Appellant/Applicant appealed to the Supreme Court.
HELD
Appeal dismissed
ISSUES
1.Whether or not the Motion filed by Appellant before the lower Court was competent having been signed on behalf of the legal Practitioner by an anonymous person.?
2.Whether or not the appellant as applicant in the Court below had disclosed sufficient interest in the subject matter of the suit/appeal now pending at the Court below to warrant his being joined on the appeal on the part of the respondents, as the 4th respondent. ?
RATIONES DECIDENDI
JOINDER OF PARTIES – A PARTY SEEKING TO BE JOINED IN AN EXISTING ACTION MUST HAVE A DIRECT OR LEGAL INTEREST
“For a party wishing to join or be joined in an existing action he must have a direct or legal interest in order to take advantage of the requirement of the law. It is not enough for such a party to show that he has indirect interest in the pending case. See Ikonne Vs Commissioner Of Police (1986 4 NWLR (Pt.36) 473”. PER M. MOHAMMED, J.S.C.
LEGAL PRACTITIONER – IMPRORIETY OF A LEGAL PRACTITIONER PREPARING A MOTION AND ALSO POSE AS A VITAL WITNESS IN AN AFFIDAVIT IN SUPPORT OF THE CASE OF HIS CLIENT
“In any case even if that were the position, it would have been unethical and quite contrary the Rules of Professional Conduct in the Legal Profession for Aderogba of counsel to have filed the Motion and also at the time pose as a vital witness in the affidavit in support of the case of his client, the applicant now Appellant.” PER M. MOHAMMED, J.S.C.
JOINDER OF PARTIES – DUTY OF A PARTY SEEKING TO BE JOINED IN AN APPEAL
“The law is trite that a party seeking to be joined in an appeal particularly as a respondent, must disclose sufficient interest in the subject matter of the dispute between the parties in the pending appeal. See Yakubu Vs Governor, Kogi State (1995) 8 NWLR (Pt. 414) 386 at 404”. PER M. MOHAMMED, J.S.C.
FAILURE TO SIGN ORIGINATING PROCESS – EFFECT OF FAILURE TO SIGN AN ORIGINATING PROCESS
“Consequently pursuant to the decision of this Court in Adewunmi VS Oketade (2010) 3 SCNJ 368 at 373-374, the Motion paper being a Court initiating process not having been signed by the Appellant/Applicant and in the absence of cogent and credible evidence that it was signed by a Legal Practitioner acting as Counsel of the Appellant/Applicant, the Court below was right in holding that the Motion was incompetent.” PER M. MOHAMMED, J.S.C.
CASES CITED
1.Adewunmi v oketade (2010) 3 SCNJ 368 at 373-374Yakubu v Governor, Kogi State (1995) 8 NWLR (Pt. 414) 386 at 404Ikonne v Commissioner of Police (1986 4 NWLR (Pt. 36) 473
STATUTES REFERRED TO
1.Rules of Professional Conduct
2.Constitution of the Federal Republic of Nigeria, 1999
3.Electoral Act, 2006