CaseLaw
Okorocha V. PDP (2014) CLR 1(e) (SC)
Judgement delivered on January 24th 2014
Brief
Facts
This is an appeal against the Ruling of the Court of Appeal, Owerri judicial Division delivered on the 19th October, 2012 wherein the court granted the 1st Respondent leave to appeal against the judgment of the Federal High Court, Owerri in Suit No. FHC/OW/CS/133/2011 A.C.N. Vs. I.N.E.C. & Ors, delivered on 3rd February, 2012.
The judgement dismissed the suit filed by the 2nd and 3rd Respondents on the ground that the subject matter of the said suit was a post-election matter. See pages 277 - 297 of the record of Appeal in evidence. Dissatisfied with the judgement of the Federal High Court, the 2nd and 3rd Respondents lodged an appeal at the Court of Appeal, Owerri Judicial Division vide a Notice of Appeal dated 28th March, 2012 and filed on 30th March, 2012 - pages 323 - 332 of the record of appeal is also in evidence. The said appeal was subsequently given a number, CA/OW/101/2012.
The Briefs of argument were filed and exchanged in respect of the appeal as between the 2nd and 3rd Respondents on the one hand, who were appellants at the Court of Appeal, while the 4th and 5th Respondents as well as the appellant herein are, on the other hand, all respondents at the lower court. Pages 340 - 470 of the record of appeal is evidencing the respective briefs of arguments filed by all the parties herein, except the 1st Respondent. While the foregoing appeal was pending, on the 18th May, 2012 the 1st Respondent herein brought an application in the said Appeal No. CA/OW/101/2012, praying the court for leave to appeal, as an interested party, against the judgment of the Federal High Court, Owerri Judicial Division in Suit No. FHC/OW/CS/133/2011. The application is at pages 537 - 573 of the record. Upon service of the foregoing application on the Appellant herein, he promptly filed a notice of preliminary objection and a counter affidavit challenging the 1st Respondent's application as evidenced at pages 608 - 890 of the record of Appeal.
Notwithstanding the Notice of Preliminary Objection and the counter affidavit, the Court of Appeal on the 19th of October, 2012 delivered its Ruling on the said Application, and granted the 1st Respondent leave to appeal against the judgment of the Federal High Court, Owerri delivered on 3rd February, 2012. Pages 1 - 14 of the supplementary record are in evidence.
It is against the ruling delivered by the lower court on the 19 of October, 2012 therefore that the appellant has lodged this appeal.
Issues
Whether by the combined effect of S. 233(1), S. 285(1), (2) and (7) of the...