CaseLaw
Okonta V. Philips (2010) CLR 12(h) (SC)
Judgement delivered on December 13th 2010
Brief
Facts
TThis is an appeal against the judgment of the Court of Appeal, Abuja, delivered on the 12th of May, 2010. By way of brief background of the facts - the matter was commenced at the Federal High Court, Abuja by Originating Summons. The Plaintiff - before the Federal High Court- now the 1st Respondent in this appeal - Kingsley Nonye Philips, claimed that he was the nominated candidate of Peoples Democratic Party to contest as a representative for Ika South Constituency into the Delta State House of Assembly. The seat being contested by the 1st Respondent in Court was won by the Appellant - Hon. Martin Okonta, who was already sworn in as a member representing Ika South Constituency in the Delta House of Assembly. The Federal High Court did not deem it fit to join the Appellant in this case to that action, regardless of the fact that there were relevant portions of the Originating Summons which made particular reference to the Appellant as follows:
Paragraph 4 (J) "That the Plaintiff in the above mentioned struck out action contested the primary election with the Plaintiff and in the application lost to the Plaintiff. His name is Martin Okonta".
Paragraph 4 (K) "That the Plaintiff was surprised to hear from the Asaba office of the 2nd Defendant about a letter of substitution written by the 1st Defendant to the 2nd and 3rd Defendant substituting his name for the said Martin Okonta on the 5th of February, 2007. The Plaintiffs were only allowed to read the letter but refused a copy of same as the office had only a few fax copy which could be read with some difficulty."
Paragraph 5 (a) "That the 1st Defendant's application as contained in the letter dated 5th of February, 2007, does not meet the requirement of the law for substitution of the Plaintiff to contest the April, 2007 elections under the platform of the 1st Defendant in Delta State."
Paragraph 5 (b) "That except the Defendants are constrained, they will proceed to act pursuant to the application of the 1st Defendant to substitute the Plaintiff with Martin Okonta as the 1st Defendant's candidate for the Ika South Constituency slot of the Delta State House of Assembly thereby precluding the Plaintiff from contesting in the aforementioned constituency".
As the judgment of the Federal High Court in granting the declaratory reliefs of the Plaintiff/lst Respondent adversely affected the Appellant, he applied to the Court of Appeal to be joined as an interested party. The application was initially granted. The 1st Respondent cross-appealed. The lower Court allowed the cross-appeal and restored the Plaintiff/ Cross-Appellant as the Appellant/Cross-Respondent's candidate for the election into the Delta State House of Assembly representing Ika Constituency. The lower Court-however, inter alia raised the issue that the appellant was not a necessary party to the proceedings at the Federal High Court and also made orders which placed the 1st Respondent in the office being occupied by the appellant without hearing him on the Issue. This formed the germane and core issue for determination in this appeal.
Issues
Whether the Appellant is a necessary party that ought to have been joined...