(2015) JELR 44404 (SC)    

Supreme Court  ·  SC.29/2015 ·  5 Jun 2015 ·  Nigeria
JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria
Core Terms Beta
lower court
court of appeal
court of appeal practice direction
trial court
learned counsel
5th respondent
supreme court act
2nd respondents
anambra state
fair hearing
merit of the application
rules of court
suo motu
supreme court
federal high court
independent national electoral commission
primary elections
printed record
proper case
said application
suit no.fhc
1st time
4th respondents
appeal no.ca
appeals nos.ca
appeal stage
contravention of a subsisting order of court
court of appeal abuja division
following question
general principle of law
leading judgment
main appeal
name of the appellant
necessary formalities
oral submission
peoples democratic party
position of the case
said caretaker committee
said plaintiffs
senior counsel h. m. liman
trial federal high court
yakubu v. governor of kogi state

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The Appellant herein, as an applicant in the Court of Appeal Abuja Division, sought leave to be joined as a party interested in Appeal No.CA/ABJ/737/2014 between the 5th respondent herein as Appellant against 1st, 2nd, 3rd and 4th Respondents. The applicant was not a party to the suit No.FHC/ABJ/CS/854/2014 at the trial Federal High Court and he therefore claimed to have known of the position of the case for the 1st time at the appeal stage after the court below resumed sitting subsequent to the nationwide industrial action of Judicial staff. He immediately filed his application for joinder as an interested person in the appeal on the 2/2/2015, the day it was scheduled for hearing, and served all the parties in the main appeal.

It is pertinent to say that the said plaintiffs at the Federal High Court are the 1st and 2nd Respondents herein while the appellants in Appeals Nos.CA/A/737/2014 and CA/A/737A/2014 are the Peoples …

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