Compulaw - 1st Indigenous Digital Law Library

Brief

Joinder of parties
Interested party
Nomination of candidate
Non Party member
Electoral Matters
Pre electoral matter
Section 36 (1) of the 1999 Constitution as amended
Section 233 (5) of the 1999 Constitution as amended
Section 87 (9) of the Electoral Act 2010 as amended
Section 233 of the 1999 Constitution
Section 222(a) of the 1979 Constitution.
Section 71 of the1999 Constitution.
Section 72 of the 1999 Constitution.
Section 74 of the 1999 Constitution
Section 73 of the 1999 Constitution
Section 87(1) of the Electoral Act 2010.

Facts

The applicants, in this motion on Notice brought under Section 36 (1) and 233 (5) of the 1999 Federal Republic of Nigeria as amended Orders 2 R 12, 28(1) and 2(31) and 6 R. 1 of the Supreme Court Rules inherent jurisdiction of the court, following reliefs:

a
The applicants, in this motion on Notice brought under Section 36 (1) and 233 (5) of the 1999 Federal Republic of Nigeria as amended Orders 2 R 12, 28(1) and 2(31) and 6 R. 1 of the Supreme Court Rules inherent jurisdiction of the court, following reliefs:
b
Leave to appeal as an interested party interested in the subject matter;
c
Extension of time within which to file and serve the Notice of Appeal;
d
An order deeming the Notice of Appeal already filed and served as properly filed and served;
e
Leave to appeal on grounds of fact and mixed law and fact;
f
Leave to adduce additional evidence.

The application is supported by a 35 paragraphs affidavit and a number of exhibits were tendered and admitted.

This application is supported by a 35 paragraph affidavit to which a number of relevant documents have been exhibited including the judgment of the court of Appeal Abuja Division being appeal against which was delivered on 13th December, 2011, judgment of the trial Federal High court, Abuja delivered on 21st April, 2011, the Applicants proposed Notice of appeal and the applicants brief of argument in support of the application. Learned senior counsel contended for the Applicants that from available records and uncontroverted facts, Osisioma Ngwa Local Government Area has from inception in 1996 been delineated part of Abia Senatorial District Central and the Applicants have continuously registered and participated in elections; that the fundamental rights of the Application, have grossly been abused by the judgment of the Court below and that there are substantial grounds of appeal which clearly elucidated the grievances of the Applicants.

Learned senior counsel who explained that this application was not sought at the Court below because the record of appeal had already been transmitted to this Court after the judgment, maintained that having regard to the averments in the affidavit in support of the application, the Applicants have shown that they are necessary parties in this appeal who ought to have been joined at the trial Court and the Court below thus satisfying the requirements of the law that they are parties interested in the case who will be adversely by the outcome of the appeal in this Court thereby justifying the grant of their application on the authority of the case of Ojora v. Odunsi (1964) 1 All N.L.R. 55.

Issues

Whether there is any provision in the Constitution of the Federal Republic of...

Senator Nwaogu V. Atuma & Ors (2012) CLR 11(a) (SC)

Judgement delivered on November 1st 2012

Brief

Facts

Issues