Compulaw - 1st Indigenous Digital Law Library

Brief

eave to Appeal – Nature of and what applicant must show
Leave to Appeal – Duty of court in exercising discretion over
Grounds of Appeal - Whether one valid ground can sustain an appeal
Right of Appeal – Right of aggrieved party to file an appeal.
Interlocutory Appeal
Leave to Appeal – Instances where required
Section 233(1) of the 1999 Constitution
Section 233(2)(e)(iv) of the 1999 Constitution (as amended)
Section 233(3) of the 1999 Constitution (as amended)
Section 241(1) of the 1999 Constitution (as amended)
Section 244(2) of the 1999 Constitution (as amended)
Section 245(1) of the 1999 Constitution (as amended)
Section 22 of the Supreme Court Act
Section 31(2) of the Electoral Act 2010 (as amended)
Section 31(5) of the Electoral Act 2010 (as amended)
Section 31(6) of the Electoral Act 2010 (as amended)
Order 3 Rule 15 of the Supreme Court Rules 1985 (as amended)
Order 6(2) (1) of the Supreme Court Rules 1985 (as amended)
Order 2 Rule 28(4) of the Supreme Court Rules

Facts

The facts are relevant to this application.

The 1st and 3rd Respondents are members of the Peoples Democratic Party, the 2nd Respondent herein, while the 1st Applicant is a member of the All Progressives Grand Alliance, the 2nd Applicant herein.

The 1st and 3rd Respondents as members of the 2nd Respondent therefore participated in the 2nd Respondents Governorship Primary Election for Abia State on 8th December, 2014 wherein the 2nd Respondent returned the 3rd Respondent as the winner of the said Abia State Governorship Primary Election while the 1st Respondent came second in the said primary election.

Dissatisfied with the declaration of the 3rd respondent as the winner of the 2nd Respondents Governorship Primary Election and upon the 1st respondent becoming aware that the 3rd respondent breached the 2nd respondents Electoral Guidelines for 2014 and Section 31 (2), (5)and (6) of the Electoral Act 2010 (as amended), the 1st respondent commenced an action by originating summons at the Federal High Court in Suit No. FHC/UM/CS/94/2015 which later was culminated into suit No. FHC/ABJ/CS/71/2016 upon the transfer of the said suit to the Federal High Court Abuja Division.

In the 1st respondents Amended Originating Summons in the said suit filed by him, several reliefs were claimed and numbering from 1-13 as evidenced and shown at pages 34-40 of Exhibit "AU1 attached to the applicants further affidavit in support of their application.

In its Judgment delivered on 27th June, 2016, the trial Court granted the aforesaid reliefs claimed by the 1st respondent and further ordered that INEC should forthwith issue a certificate of Return to the 1st Respondent as Governor elect and restore all entitlement to him as the elected Governor of Abia State.

Following the delivery of the aforesaid judgment, the applicants brought an application at the Court below on the 15th July 2016 seeking for the following reliefs among others:

1
An order granting the Appellants/Applicants leave to appeal as interested persons against the final judgment of the Federal High Court Abuja Division, delivered on 27th June, 2016 in Suit No: FHC/ABJ/CS/71/2016 (FHC/UM/CS/94/2015-DR. SAMPSON UCHECHUKWU OGAH V. PEOPLES DEMOCRATIC PARTY (PDP) & 3 ORS.
2
An order deeming the Notice of Appeal already filed on the 15th Day of July 2016 against the said judgment as properly filed and served, the appropriate filing fees thereto having been paid."

After hearing the respective parties in the aforesaid application, the Court below in its considered ruling delivered on the 5th August, 2016 dismissed same and hence a notice of appeal was filed to this Court by the appellants/applicants.

Issues

Whether considering the materials placed before this Honourable Court coupled...

Otti V. Anor v Ogah (2017) CLR 1(g) (SC)

Judgement delivered on January 27th 2017

Brief

Facts

Issues