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CASE TITLE: YAHAYA v. UDI & ORS (2019) LPELR-47426(CA
JUDGMENT DATE: 6TH MAY, 2019
PRACTICE AREA: ELECTORAL MATTERS
LEAD JUDGMENT: ABDULLAHI MAHMUD BAYERO, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION
This appeal borders on Electoral Matters.
FACTS
This is an Appeal against the Judgment of the Federal High Court, Jalingo Division delivered by S. D. Pam J on 6th March 2019 in Suit No. FHC/JAL/CS/1/2019.
The facts of the case are that the Appellant and the 6th Respondent contested the primary election organized by the 7th Respondent for the purpose of selecting the 7th Respondent’s candidate for the 2019 General Election to the office of governor, Taraba State. The primary election took place on 2nd October 2018 and the 6th Respondent emerged victoriously and his form CF001 was submitted to the 5th Respondent by the 7th Respondent on 25th October 2018. The Appellant filed an action before the lower Court wherein they sought for an order disqualifying the 6th Respondent on the grounds that he had lied in his Form CF001.
The Appellant by an application dated the 15/02/2019 prayed for an order joining him as a defendant in the suit. The application for joinder was taken together with the substantive suit. On 6th March 2019 the lower Court held that since the Appellant did not file his action within 14 days as prescribed by Section 285 (9) of the 1999 Constitution (as amended), he was not entitled to the prayer sought.
Dissatisfied, the Appellant appealed to the Court of Appeal.
ISSUES FOR DETERMINATION
The Court determined the Appeal on the following issues:
Appellants issues:
Respondents(6th-7th) issue:
“Whether the learned trial judge was right when he refused the Appellant’s application for joinder. If the answer to the above is in negative, what then is the effect of the non-joinder by the trial Court.”
DECISION/HELD
In conclusion, the Court held that the appeal lacks merit and accordingly dismissed it.
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