Who Can Appeal as an Interested Party With Regard to a Pre-Election Matter?

CASE TITLE: LABOUR PARTY v. ATEGBOLA & ORS (2022) LPELR-58821(CA)

JUDGMENT DATE: 27TH OCTOBER, 2022

PRACTICE AREA: PRACTICE AND PROCEDURE

LEAD JUDGMENT: AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This is an application for Leave to Appeal as an Interested Party in a Pre-Election Matter.

FACTS:

The application filed before the Court on 20/10/2022 was brought by the Applicant pursuant to Section 243(1)(a) of the 1999 Constitution of the Federal Republic of Nigeria as amended, Order 6 Rules (1) and (4) and Order 25 Rule (2) of the Court of Appeal Rules, 2021 and under the inherent jurisdiction of the Court.

The Applicant in the said application prayed for the following:

1. AN ORDER of this Honourable Court granting leave to the Applicant to appeal as an interested party, the judgment of the Federal High Court, Akure Judicial Division delivered by Honourable Justice Adefunmilayo Adekemi Demi Ajayi on 13 October 2022 in SUIT NO. FHC/AK/CS/62/22 BETWEEN DR. VICTOR OLUSEGUN ATEGBOLA AND MR. ADEGBOYEGA ADEFARATI & 4 ORS.

2. AN ORDER of this Honourable Court granting leave to the Applicant to appeal the consent judgment of the Federal High Court, Akure Judicial Division delivered by Honourable Justice Adefunmilayo Adekemi Demi Ajayi on 13 October 2022 in SUIT NO. FHC/AK/CS/62/22 BETWEEN DR. VICTOR OLUSEGUN ATEGBOLA AND MR. ADEGBOYEGA ADEFARATI & 4 ORS.

3. AN ORDER of this Honourable Court granting accelerated hearing of the Applicant’s Appeal.

The application was supported by a 29-paragraph affidavit to which was annexed a document titled “terms of settlement” filed at the Federal High Court, Akure Judicial Division and a proposed notice of appeal containing the Applicant’s proposed grounds of appeal. A written address was also filed alongside the application. The Applicant also filed a further affidavit to which the judgment order made by the lower Court on 13/10/2022, was attached.

The 2nd Respondent filed a counter affidavit on 27/10/2022 accompanied by a written address. The 1st, 3rd, 4th, 5th and 6th Respondent filed no counter affidavit and/or written addresses. The 1st and 2nd Respondents based their attack or opposition to the motion before the Court on the facts deposed to by the Applicant in the supporting affidavit.

ISSUES:

The Court determined the application on the following issues:

1. Whether or not the motion before the Court is competent having regard to the circumstances of its being filed in this Court;

2. Whether or not the Applicant has the locus standi to apply for leave to appeal against the decision or the consent judgment entered by the lower Court for the parties before it having regard to the nature of the proceedings in which the said consent judgment was entered;

3. Whether or not the motion even if competent can be granted having regard to the time that it is now being argued vis-a-vis the period stipulated by the amended 1999 Constitution and the Election Judicial Proceedings Practice Directions, 2022 (hereafter to be simply referred to as “the EJPP Directions”) for lodging an appeal against a judgment in a pre-election matter; and

4. If the answers to 1 to 3 above, are in the affirmative or resolved in favour of the Applicant, whether or not it has established the conditions that must co-exist before an application for leave to appeal is granted.

DECISION/HELD:

In conclusion, the Court dismissed the application for being incompetent.

RATIOS:

• APPEAL – APPEAL BY INTERESTED PARTY – Whether an application to appeal as an interested party in a pre-election matter must first be brought before the trial Court and within the time frame for appealing against a pre-election matter; effect of failure
• APPEAL – APPEAL BY INTERESTED PARTY – Whether a party who is not an aspirant in a primary election and did not participate in the election can be granted leave to appeal against the judgment as an interested party
• ELECTORAL MATTERS – PRE-ELECTION MATTERS – Time within which to file an appeal against a decision in a pre-election matter as an interested party; whether same can be extended