IN RE: ANYAKORAH & ORS v.
(2021)LCN/15003(CA)
In The Court Of Appeal
(ABUJA JUDICIAL DIVISION)
On Friday, February 19, 2021
CA/A/641/2020(R)
RATIO
APPEAL: REASON FOR JOINDER OF A PARTY IN AN APPEAL
A party seeks to be joined on appeal where he is aggrieved or has been wrongly deprived of something or is likely to be affected or aggrieved by the outcome of the decision of the Court in that appeal. See the cases of IYIMOGA V. GOV. PLATEAU STATE 1994 8 NWLR PT. 360 P. 77, IN RE: YINKA FOLAWIYO & SONS LTD. 1991 7 NWLR PT. 202 237. PER ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A.
Before Our Lordships:
Peter Olabisi Ige Justice of the Court of Appeal
Yargata Byenchit Nimpar Justice of the Court of Appeal
Elfrieda Oluwayemisi Williams-Dawodu Justice of the Court of Appeal
Between
- SAMUEL ANYAKORAH 2. HUMPHREY EZIKE 3. EUGENE OKOLI 4. LIVINUS NWOKIKE 5. DAN ANARUAGU 6. GERALD OGWO 7. AKACHUKWU OFUNNE 8. CHRISTIAN NWEKENTA 9. COLLINS IIOKA 10. ALFRED OKAFOR 11. PHIIIP NSUDE 12. MIKE IFEATU 13. J. C. ANIAKO 14. EMENIRU SABASTINE 15. OKEKE JOSEPH 16. ENEMUO SUNDAY 17. FRANCIS CHUKWUDI 18. UCHE EMENIKE 19. EMEKA OKEZUE 20. JOHN EZE 21. MIKE OKOYE 22. OZOEMENA EMOKA 23. EJIOFOR GEOFREY 24. JAMES OBIORA 25. IKECHUCKWU EZE 26. UDEKWE CHINWENBA 27. LWUNOR ANUMUDU 28. MAXIMUS UBA APPELANT(S)
And
- MARCEL JACHIN AYIAM 2. NDUBUSI NWOBU (CHAIRMAN, PDP CARETAKER COMMITTEE, REPRESENTING PDP CARETAKER COMMITTEE) 3. PEOPLES DEMOCRATIC PARTY (PDP) 4. CHRIS CHINWUBA OKOYE 5. ANDREW MORDILI (Anambra State PDP Chairman) 6. BARR. EMMA UDUARA (Anambra State PDP Deputy Chairman) 7. NWABUNWANNE VICTOR (Anambra State PDP Vice Chairman North) 8. MS. TINA OGOR (Anambra State PDP Secretary) 9. AUGUSTINE EKEKWE (Anambra State PDP Assistant Secretary) 10. CHIEF ALEX UZUEGBUNAM (Anambra State PDP Treasurer) 11. EBUKA OKOLI (Anambra State PDP Assistant Treasurer) 12. MRS. UCHE OBIDIKE (Anambra State PDP Women Leader) 13. ENGR. EMMANUEL NWAFOR (Anambra State PDP Organizing Secretary) 14. CHIEF HUMPHREY OBI (Anambra State PDP Assist. Org. Secretary 15. CHRIS ORJI (Anambra State PDP Financial Secretary) 16. ARTHUR EZINANDO (Anambra State PDP Assist. Fin. Secretary) 17. BARR. PAUL OKOYE (Anambra State PDP Publicity Secretary 18. EDWIN EKWUNO (Anambra State PDP Assist. Pub. Secretary) 19. BARR. JONAS OKOLO (Anambra State PDP Legal Adviser) 20. BARR. EMODI VALENTINE (Anambra State PDP Assist. Legal Adviser) 21. JOHN JIDOFOR MALIZU (Anambra State PDP Auditor) 22. BARR. A. N. C. AKANANYA (Anambra State PDP Assist. Auditor) 23. HON. IFEANYI ANTHONY IWOBI-NKPE (Anambra State PDP Youth Leader) 24. CHIEF ALFRED ANANYEONU (Anambra State PDP Ex-Officio) 25. HON. JOSEPH AKPATI (Anambra State PDP Ex-Officio) 26. ANTHONY OKEKE (Anambra State PDP Ex-Officio) 27. PHIIIP DIIIBE (Anambra State PDP Ex-Officio) 28. IFEYINWA UBA (Anambra State PDP Ex-Officio) 29. SIMON NYAGBO (Anambra State PDP Ex-Officio) 30. TOCHUKWU EZE (PDP Chairman Dunukofia LGA) 31. CHIEF NWAZOJIE EZEANI (PDP Chairman Njikoka LGA) 32. HON. OKECHUKWU EKEMEZIE (PDP Chairman Aniocha LGA) 33. MADUABUCHI AGUMADU (PDP Chairman Awka North LGA) 34. HON. BEN EKENTA (PDP Chairman Awka South LGA) 35. MR. IKECHUKWU OKOYE (PDP Chairman Oyi LGA) 36. MR. EMMANUEL DIENYELU (PDP Chairman Ayamelum LGA) 37. HON. G. N. OBIAGWU (PDP Chairman Onitsha South LGA) 38. OZOMMA EGBUNA (PDP Chairman Onitsha North LGA) 39. PRINCE PAUL OKOLO (PDP Chairman Anambra West LGA) 40. HON. MADUBUEZE JOSEPH (PDP Chairman Anambra East LGA) 41. JOSEPH UZOR (PDP Chairman Ogbaru LGA) 42. KENNETH OKOLI (PDP Chairman Orumba South LGA) 43. ONUCHUKWU BERNARD (PDP Chairman Ekwusio LGA) 44. HON. NATH IKWUKAS (PDP Chairman Lhiala LGA) 45. BARR. NKEME CHIBUZOR (PDP Chairman IdemIIi North LGA) 46. FRANCIS AGHA UFUDO (PDP Chairman IdemIIi South LGA) 47. ALBERT OKPALAUGO (PDP Chairman Nnewi South LGA) 48. BARR. IFEANYI DAVID (PDP Chairman Njikoka LGA) 49. HON. EDWIN EZENWANKWO (PDP Chairman Aguata LGA) 50. ECHEZONA MBA (PDP Chairman Orumba North LGA) 51.EBUKA CHINWE (PDP Chairman Ukpo Ward 1) 52. IKEM IFESINACHI (PDP Chairman Ukpo Ward 11) 53. BEATRICE UDENIKA (PDP Chairman Ukpo Ward 111) 54. OSITA NWAMBU (PDP Chairman Ifitedunu Ward 1) 55. FRANCIS EGENTI (PDP Chairman Ifitedunu Ward 11) 56. CHARLES OBIORAH OKAFOR (PDP Chairman Awka Ward ) 57. OKENWA D. OKAFOR (PDP Chairman Umunnachi Ward ) 58. OKEKE PAULINE (PDP Chairman Umunnachi Ward 11) 59. TOOCHUKWU EGBUONU (PDP Chairman Umuodioka Ward 1) 60. HAROLD MBANEFO (PDP Chairman Umuodioka Ward 11) 61. NNADOZIE CHINONSO (PDP Chairman Ukwulu Ward 1) 62. CHIMOBI MADUEGBUNA (PDP Chairman Ukwuku Ward 11) 63. CHIGBO AKWUO (PDP Chairman Nawgu Ward 1) 64. FLORENCE MUOEBUNA (PDP Chairman Nwagu Ward 11) 65. NONSO NWOYE (PDP Chairman Abba Ward 1) 66. FELICIA NWOYE (PDP Chairman Abba Ward 11) 67. OKAFOR IFEANYI C. (PDP Chairman Enugwu —Agidi Ward 1) 68. MMADUMBU CHRISTOPHER (PDP Chairman Enugwu-Agidi Ward 11) 69. NGOZI OHA (PDP Chairman Nawfia Ward 11) 70. ODUAGU KANAYO (PDP Chairman Nawfia Ward 1) 71. UCHENNA OGUEJIOFOR (PDP Chairman Abagana Ward 11) 72. OKEY NWAEZUOKE (PDP Chairman Abagana Ward 11) 73. SIMON ANAEKI (PDP Chairman Abagana Ward 111) 74. AGANU EMMANUEL (PDP Chairman Abagana Ward IV) 75. OKEKE OSITA (PDP Chairman Enugwu Ukwu Ward 1) 76. ASIKASON NKECHI (PDP Chairman Enugwu-Ukwu Ward 11) 77. UDEKWU IFEOMA (PDP Chairman Enugwu-Ukwu Ward 111) 78. OKONKWO UGOCHUKWU (PDP Chairman Enugwu-Ukwu Ward IV) 79. EMESIIE TOCHUKWU (PDP Chairman Nimo Ward 1) 80. OKOLO ANAYO (PDP Chairman Nimo Ward 11) 81. AMALU EDITH (PDP Chairman Ward 111) 82. BLESSING OKEKE (PDP Chairman Nimo Ward IV) 83. OBINNA OKAFOR (PDP Chairman Nri Ward 11) 84. CHIKA OJIAKU (PDP Chairman Adazi Enu Ward 1) 85. MICHAEL NWOFOR (PDP Chairman Adazi Enu Ward 11) 86. ANDREW ONWUASOAYA (PDP Chairman Agulu Ward 1) 87. OKWUCHUKWU OJUKWU (PDP Chairman Adazi Ani Ward 11) 88. EMEKA OKPALA (PDP Chairman Adazi Ani Ward 1) 89. REDIBIA JOSEPH (PDP Chairman Neni Ward 1) 90. ALEX MADUABUCHUKWU (PDP Chairman Neni Ward 11) 91. ELDER JOE ANAKEBE (PDP Chairman Aguluzigbo Ward ) 92. EMMANUEL ANIEKWE (PDP Chairman Agulu Ward 111) 93. OKPALA SIMON (PDP Chairman Agulu Ward 1) 94. AUGUSTINE EZEJELU (PDP Chairman Ichida Ward 11) 95. LAZARUS MADUBUGWU (PDP Chairman Adazi Nnukwu Ward 1) 96. NWIIO IKENNA (PDP Chairman Adazi Nnukwu Ward 1) 97. ANIBOGU JOHN (PDP Chairman Agulu Ward 1) 98. CHRISTOPHER DUNU (PDP Chairman Ichida Ward 1) 99. CHIGOZIE OKONKWO (PDP Chairman Obaledu Ward) 100. OMENAKA EMEKA (PDP Chairman Akwaeze Ward) 101. SUNDAY NANMA (PDP Chairman Ebenebe Ward 11) 102. BASII MGBOLU (PDP Chairman Mgbakwu) 103. NNELI JOSEPH (PDP Chairman Achal!A Ward 1) 104. AMADIFE EMMANUEL (PDP Chairman Awba OfemIIi) 105. IKECHUKWU OKAFOR (PDP Chairman Isu Aniocha) 106. JONATHAN NWANKWO (PDP Chairman Urum) 107. ORANYELU CHUKWUKWA (PDP Chairman Achalla Ward 11) 108. JOSEPH NWOBU (PDP Chairman Ugneme) 109. EPHRAIM MBAH (PDP Chairman Ebenbe Ward 11) 110. EKEH LONGINUS (PDP Chairman Ugbenu) 111. EUGENE NWOYE (PDP Chairman Amanuke Ward) 112. CHIJIOKE ENWULUZOR (PDP Chairman Amansea Ward) 113. PETER MENUBA (PDP Chairman Ebenebe Ward 1) 114. UDEME EJIOFOR (PDP Chairman Achalla Ward 111) 115. NWAFULUME NKEMAKONAM (PDP Chairman Amawbia Ward 1) 116. OKONKWO IKENNA (PDP Chairman Amawbia Ward 11) 117. DAMIAN IGWEBUIKE (PDP Chairman Amawbia Ward 111) 118. FELICIA NWOSU (PDP Chairman Awka Ward 1) 119. CHRISTOPHER NNAKE (PDP Chairman Awka Ward 11) 120. ONUORAH FELIX (PDP Chairman Awka Ward 111) 121. PAUL UDEKWE (PDP Chairman Awka Ward IV) 122. EMEKA NNONYELU (PDP Chairman Awka Ward V) 123. PETER NWEZE (PDP Chairman Awka Ward VI) 124. EVANG. SUNDAY NWABUEZE (PDP Chairman Awka Ward Vll) 125. AMAUCHE CHINWEZE (PDP Chairman Awka Ward VI 11) 126. NWANA ISSAC OSANDU (PDP Chairman Okpuno Ward) 127. ONYEKA OSITA (PDP Chairman Nibo Ward 1) 128. CHIKA NWUZOR (PDP Chairman Nibo Ward 11) 129. PATRICK EKWUNIFE (PDP Chairman Nibo Ward 111) 130. AMAECHI UDALLA (PDP Chairman Nise Ward 1) 131. PETER OGUOCHA (PDP Chairman Nise Ward 11) 132. UCHENNA OKOLI (PDP Chairman Mbukwu Ward) 133. AZUBUIKE NWANKWO (PDP Chairman Umuawulu Ward) 134. KENNETH NWAFOR (PDP Chairman Isiagu/Ezinato Ward) 135. OGUGUA OBIDI (PDP Chairman Akwuzu Ward 1) 136. UMEBEH ANTI-IONIA (PDP Chairman Akwuzu Ward 11) 137. OFORZOR UDC-KWE (PDP Chairman Akwuzu Ward 111) 138. MR. AMAECHI NNOBI (PDP Chairman Awkuzu Ward IV) 139. ONYIBOR GABRIEL (PDP Chairman Nteje Ward 1) 140. HIIARY NWOYE (PDP Chairman Nteji Ward 11) 141. DICKSON OREKWU (PDP Chairman Nteje Ward 111) 142. INNOCENT OBIGWE (PDP Chairman Nteje Ward IV) 143. AKWAEZE IFEANYI (PDP Chairman Nteje Ward V) 144. NWBUFO OKADIGBO (PDP Chairman Ogbunike Ward 1) 145. NWANEBO IKWUKA (PDP Chairman Ogbunike Ward 1) 146. ABUFOR NONVE (PDP Chairman NkweIIe-Ezunaka Ward 1) 147. ODIKAMELU EPHRAIM (PDP Chairman NkweIIe-Ezunaka Ward 11) 148. OREGBUNAM NNAMDI (PDP Chairman Umunya Ward 1) 149. RICHARD MALIFE (PDP Chairman Umunya Ward 11) 150. HON. ATUMANYA FABIAN (PDP Chairman Anaku Ward) 151. MR. EMMA ANC-KWE (PDP Chairman Omor Ward 1) 152. MR. JOHNSON NNALUE E. (PDP Chairman Umerum Ward) 153. MR. IIOANYA FREDRICK (PDP Chairman Umumbo Ward) 154. MR NWOFIA GEORGE (PDP Chairman Ifite – Ogwuari Ward L) 155. MR. OKAFOR KENNETH (PDP Chairman Ifite-Ogwuari Ward II) 156. AJAANA ANAKWE (PDP Chairman Igbakwe Ward) 157. MR. OKOYE CASMIR (PDP Chairman Omasi Ward) 158. ONUKWUE EMEK C. (PDP Chairman Umueje Ward) 159. MR. OKONWKO GABRIEL (PDP Chairman Omor Ward II) 160. CHIEF SAMUEL UDEMGBA (PDP Chairman Omor Ward L) 161. SIR JOE EZEAKU (PDP Chairman Odoakpu Ward I) 162. GOD’S FOUNDATION S. (PDP Chairman Odoakpu Ward II) 163. MARTINS EGWUATU (PDP Chairman Odoakpu Ward III) 164. MR. TONY IBEH (PDP Chairman Odoakpu Ward IV) 165. EV ARISTUS EMEH (PDP Chairman Odoakpu Ward V) 166. FRIDAY NOME (PDP Chairman Odoakpu Ward VI) 167. OBIORAH OKEKE (PDP Chairman Odoakpu Ward Vll) 168. MR. AGAPUTUS ONYEKWELU (PDP Chairman Fegge Ward L) 169. MR. ALBERT NWOKEDI (PDP Chairman Fegge Ward II) 170. ONUABIKE INNOCENT (PDP Chairman Fegge Ward III) 171. FERDINAND IFEZUE (PDP Chairman Fegge Ward IV) 172. FELIA UZOR (PDP Chairman Fegge Ward V) 173. DAVID UZOCHUKWU (PDP Chairman Fegge Ward VI) 174. SAMUEL NWANKWO (PDP Chairman Fegge Ward Vll) 175. DENIS EZEOKE (PDP Chairman Housing Ward L) 176. TONYUGWU (PDP Chairman Housing Ward J) 177. OKONKWO ONUORAH (PDP Chairman Housing Ward III) 178. EDWARD OJEKWE (PDP Chairman Onitsha North Ward 1) 179. CHRISTOPHER OKAMELU (PDP Chairman Onitsha North Ward 2) 180. PATTY CHUKWUDE (PDP Chairman Onitsha North Ward 3) 181. JIDE ANYAKWO (PDP Chairman Onitsha North Ward 4) 182. OSSY BOSAH (PDP Chairman Onitsha North Ward 5) 183. PASTOR ASIKA. I (PDP Chairman Onitsha North Ward 6) 184. CHUMA OMENYE (PDP Chairman Onitsha North Ward 7) 185. CHUKWUEDEBE EDE (PDP Chairman Onitsha North Ward 8) 186. NWOGU CANICE (PDP Chairman Onitsha North Ward 9) 187. GODWIN EZENW A (PDP Chairman Onitsha North Ward 10) 188. IFEANYI AGBAKOBA (PDP Chairman Onitsha North Ward 11) 189. VICTOR OKOSI (PDP Chairman Onitsha North Ward 12) 190. AMAECHI AKAGBUE (PDP Chairman Onitsha North Ward 13) 191. OJEKWE CHARLES (PDP Chairman Onitsha North Ward 14) 192. CAJENTAN OJIAKOR (PDP Chairman Onitsha North Ward 15) 193. NNAMDI DOM (PDP Chairman Ezi Anam Ward 194. SIMON OKOYE (PDP Chairman Oroma Etiti Anam Ward) 195. OBIORAH ALOEFUNA (PDP Chairman Umuenelum Anam Ward) 196. OKOLO AUGUSTINE (PDP Chairman Nzam Ward) 197. RAPHAEL URAM (PDP Chairman Olubanasa (Odeh) Ward II) 198. UDEALOR VICTOR (PDP Chairman Umuoba/Lyiora Anam Ward) 199. EBEATU AMEKE (PDP Chairman Umueze Aanm Ward -L) 200. JOHN OKAFOR (PDP Chairman Umueze Aanm Ward II) 201. EDWIN CHIGBATA (PDP Chairman Ifilo Anam Ward) 202. MCIHAEL ENEMUO (PDP Chairman Otuoeha Ward I) 203. EGBIJNIKE UYAEMESI (PDP Chairman Aguleri Ward L) 204. EKWENUGO GODWIN (PDP Chairman Agu!Eri Ward II) 205. GABRIEL UYAEMSIGO (PDP Chairman Eziagulu Otu Ward) 206. JOE ODIKPO (PDP Chairman Enugu Otu Ward) 207. JOE EJIKE (PDP Chairman Nando Ward L) 208. OBALUM CYPRIEN (PDP Chairman Nando Ward II) 209. NWADOGWO OSITA (PDP Chairman Nando Ward II) 210. IJEOMA AGUEGBO (PDP Chairman Otuoeha Ward L) 211. CHUKWUEMEKA ANTHONY (PDP Chairman Umeuri Ward II) 212. EJIKE NWASINACHI (PDP Chairman Umeuri Ward L) 213. MMEH FELIX (PDP Chairman Umuoba Anam Ward) 214. EMMA ACHUKWU (PDP Chairman Nusgbe Ward L) 215. ODO ETUKE (PDP Chairman Nusgbe Ward II) 216. CODERLIA OKEKE (PDP Chairman Igbariam Ward) 217. ANICHE EGONU (PDP Chairman Ossomala Ward) 218. OKPE CHRISTIAN (PDP Chairman Okpoko Ward 1) 219. SAMUEL OCHIJE (PDP Chairman Ogwuikipele Ward) 220. OGOM IZUKANN (PDP Chairman Atani Ward II) 221. NJOKU MOSES (PDP Chairman Atani Ward L) 222. ANDREW UCHE (PDP Chairman Ogwu-Anioeho Ward) 223. EMEKA EJEZIE (PDP Chairman Okpoko Ward II) 224. AGU IFEANYI (PDP Chairman Okpoko Ward IV) 225. CHUCHU NSOFOR (PDP Chairman Umenenkwo/Mputu Ward) 226. OBIAGWU CHRISTOPHER (PDP Chairman Okpoko Ward III) 227. OLISA AGWUDOSI (PDP Chairman AkIIi Ozizor Ward) 228. HON BENSON IGWEATU (PDP Chairman AkIIi Ogidi Ward) 229. MBANEFO ONYEKWELU (PDP Chairman Ochuche, Ogbakuba, Amiyi And Imuzu Ward) 230. MMESIOMA CHIDIMA (PDP Chairman Okpoko Ward V) 231. HON VITALIS EKEWUNW A (PDP Chairman Okpoko Ward VI) 232. AUGUSTINE OBUM (PDP Chairman Lyiowa/Odekpe Ward) 233. CELESTINE OKOLI (PDP Chairman Akpu Ward) 234. OSITA OKOLI (PDP Chairman Agbudu Ward) 235. KENNETH OKOLI (PDP Chairman Ezira Ward) 236. SAMUEL NWAKWO (PDP Chairman Umunze Ward L) 237. JONATHAN NKA (PDP Chairman Umunze Ward II) 238. RAPHAEL NWANKWO (PDP Chairman Umunze Ward III) 239. MOSES MADU (PDP Chairman Ogbunka Ward L) 240. IFEANYI ONWUKA (PDP Chairman Ogbunka Ward) 241. OFOLEBE MALACHY (PDP Chairman Umuomaku Ward) 242. NWANKWO HYCENT (PDP Chairman Lhite Ward) 243. CHINONYE OKPALA (PDP Chairman Owerre-Ezukala Ward I) 244. SAMUEL UMEH (PDP Chairman Eziagu Ward) 245. NWAFOR STANLEY (PDP Chairman Owerre-Ezukala II) 246. ONWU SAMUEL (PDP Chairman Nawfija War 247. OBI SUNDAY (PDP Chairman Isulo Ward) 248. OKOLI SAMUEL (PDP Chairman Ogboji Ward) 249. MUOKWE CHUKS (Onneh/Enugwu Umuonyia Ward) 250. OKEKE SIMON (PDP Chairman Nkerechi Ward) 251. SIMON NWABUDE (PDP Chairman Ozubulu Ward L) 252. ROMANUS OKOYE (PDP Chairman Ozubulu Ward II) 253. CHINEDU NWANGU (PDP Chairman Ozubulu Ward III) 254. INNOCENT MUONEME (PDP Chairman Ozubulu Ward IV) 255. IZUCHUKWU ERNEST (PDP Chairman Ozubulu Ward V) 256. NDUKA NWAKOZOR (PDP Chairman Ozubulu Ward VI) 257. ENUKORA AZUBIKE (PDP Chairman Oraifite Ward L) 258. OLUCHUKWU OKPALA (PDP Chairman Oraifite Ward II) 259. IFEANYI FENNA (PDP Chairman Oraifite Ward III) 260. CHIMEZIE AGHADO (PDP Chairman Ichi Ward) 261. CLIFFORD OKOLIE (PDP Chairman Anaubahu Ward) 262. ANTHONY IBEBUIKE (PDP Chairman Lhiteohu Ward) 263. MGBECHETA CHIKA (PDP Chairman Isseke Ward) 264. ETHIEL IBEAKA (PDP Chairman Ubulusiuzor Ward) 265. IFEANYI MBAMARA (PDP Chairman Orsumoghu Ward) 266. OKECHUKWU UGHELUMRA (PDP Chairman Okija Ward V) 267. NZEDIMBU CALISTUS (PDP Chairman LiIu Ward) 268. ONYEKA OBIEKESI (PDP Chairman Mbosi Ward) 269. OKEY ORAJIKA (PDP Chairman Azia Ward) 270. FELIX EMEDIKE (PDP Chairman Ihite Lhiala IV Ward) 271. OKECHUKWU AGBASI (PDP Chairman Ogboro (Ihiala V) Ward 272. ONYEDIKE CLETUS (PDP Chairman Uli Ward L) 273. CHINEDU OHANEBO (PDP Chairman Uli Ward II) 274. OKAFOR ALPHONSUS (PDP Chairman Uli Ward III) 275. CHINEDU CHUKWUGOZIE (PDP Chairman Amorka Ward) 276. JOHNNY RUFUS (PDP Chairman Okija Ward L) 277. EBUKA AWAH (PDP Chairman Okija Ward II) 278. SYLVESTER EZEDIMBU (PDP Chairman Okija Ward III) 279. EZE FELIX (PDP Chairman Okija Ward IV) 280. NYEKA IGBOAKA (PDP Chairman Amamua (Lhia!A I) Ward) 281. ANAMAZOBI TITUS (PDP Chairman Amamua (Lhiala II) Ward) 282. OKENWA O. NWABUEZE (PDP Chairman Uzoakwa (Lhiala III) Ward) 283. OKECHUKWU AGBASI (PDP Chairman Ogboro (Lhiala V) 284. EJIMOFOR JUDE (PDP Chairman EkwulumiIi Ward) 285. OKAFOR ROMANUS (PDP Chairman UTUH Ward) 286. EDWARD EZENWENYI (PDP Chairman Ezinifite Ward L) 287. EMMA UMEIKE (PDP Chairman Unubi Ward) 288. EMEKA CHIKELUBA (PDP Chairman Azigbo Ward) 289. DAVID OBI (PDP Chairman Ukpor Ward L) 290. CLEMENT ORJI (PDP Chairman Ukpor Ward V) 291. EZEH IKECHUKWU (PDP Chairman Ukpor Ward VI) 292. BARNABAS NWANUONU (PDP Chairman Ezenifite Ward III 293. PAUL NDUBUEZE (PDP Chairman Ezinifite Ward II) 294. PIUS L. UDEBUANI (PDP Chairman Amichi Ward L) 295. GEORGE OKONKWO (PDP Chairman Amichi Ward III) 296. ATUEYI MONDAY (PDP Chairman Osumenyi Ward I) 297. MARCEL OKEKE (PDP Chairman Osumenyi Ward II) 298. OUKE NGOZIKA (PDP Chairman Ukpor Ward II) 299. AKUNW ANNE SIMON (PDP Chairman Akwaihedi Ward) 300. CHIGBO ORJIAKO (PDP Chairman Ebenator Ward) 301. OJUKWU ANAYO (PDP Chairman Ukpor Ward III) 302. OKEKE EBERE (PDP Chairman Ukpor Ward IV) 303. OKOLI CHRISTIAN (PDP Chairman Amichi Ward II) 304. FRANCIS IBEZIM (PDP Chairman Achina Ward I) 305. LIVINUS OKPALANDUKWU (PDP Chairman Akpo Ward II) 306. SIMON ODUMEKWU (PDP Chairman Akpo Ward) 307. MARS MBAKOGU (PDP Chairman Amesi Ward) 308. FRANK ODIMEGWU (PDP Chairman Aguluezechukwu Ward) 309. STEPHEN ONYEKWENA (PDP Chairman Ekwulobia Ward I) 310. EBERE OKOLI (PDP Chairman Ekwulobia Ward II) 311. RICHARD NWANKW (PDP Chairman Ezinifite Ward L) 312. ONYEDIKA UMEOKECHUKWU (PDP Chairman Ezinifite Ward II) 313. EKENE IHEJIETO (PDP Chairman Igboukwu Ward L) 314. AMAMCHUKWU OKEKEUBA (PDP Chairman Igbouku Ward II) 315. UCHENNA EZEUKO (PDP Chairman Ikenga Ward) 316. AMAMCHUKWU EKWEMBA (PDP Chairman Isuofia Ward) 317. CHRISTOPHER EZEIKE (PDP Chairman Nkpologwu Ward) 318. VITUS OBIESE (PDP Chairman Oraeri Wards) 319. LUKE OKPALA (PDP Chairman Umuchu Ward L) 320. CHRISTIAN NWAZOR (PDP Chairman Umuchu Ward II) 321. FELIX UMEH (PDP Chairman Uga Ward I) 322. FRANCISCA UMEODINAKA (PDP Chairman Uga Ward II) 323. OLUCHUKWU OKAFOR (PDP Chairman Umuona Ward) 324. EMMANUEL OKOLO (PDP Chairman Ajalli Ward L) 325. EJIKE NWAJAGU (PDP Chairman Ajalli Ward II) 326. ANICHE NOBERT (PDP Chairman Ndiokolo INdiokpalaeke Ward) 327. NWAORA OKOLI (PDP Chairman Ndiowu Ward) 328. ONWUAMAEZE CHIBUOYI (PDP Chairman Ufuma Ward I) 329. SUNDAY OKECHUKWU (PDP Chairman Ufuma Ward II) 330. EMMANUEL OKAFOR (PDP Chairman Awa Ward) 331. IKECHUKWU NWANKWO (PDP Chairman Amaetiti Ward) 332. REMIGIUS OKEKE (PDP Chairman Oko Ward L) 333. GOZIE EZEOKOLI (PDP Chairman Oko Ward II) 334. ERNEST IBEABUCHI (PDP Chairman Ndikelionwu Ward) 335. EKENE NNEBEDUM (PDP Chairman Ameokpala Ward) 336. OBINNA OFOMATA (PDP Chairman Omogho Ward) 337. ASIEGBU SLYVESTER (PDP Chairman Nanka Ward I) 338. GILBERT EZEANYIKA (PDP Chairman Nanka Ward II) 339. NWOGBO CHUKWU (PDP Chairman Okpeze/Ndiukwuenu Ward) 340. OBUMNEME EZEUCHU (PDP Chairman Awgbu Ward I) 341. EZEDIRIGA OBUNIKE (PDP Chairman Awgbu Ward II) 342. DENNIS NWAKWO (PDP Chairman Ndiokpalaeze Ward) 343. ENGR. EDMUND AKAGBOGU (PDP Chairman Otolo Ward I) 344. OFIAELI CHIJIOKE (PDP Chairman Otolo Ward II) 345. SIR CHRIS OKOYE (PDP Chairman Otolo Ward III) 346. OBANY EIKEH (PDP Chairman Uruagu Ward L) 347. PATRICK ATUEYI (PDP Chairman Uruagu Ward II) 348. INNOCENT MACDAVID (PDP Chairman Uruagu Ward III) 349. ANEKWE WIIIIAMS (PDP Chairman Umudim Ward L) 350. OKWUCHUKWU OKAFOR (PDP Chairman Umudim Ward II) 351. EJIDIKE JOHN OKAFOR (PDP Chairman Nnewichi Ward L) 352. MARTIN EGBUNONU (PDP Chairman Nnewichi Ward I) 353. EMEKA EKEMEZI (PDP Chairman Nnewichi Ward II) 354. NONSO OKOYE (PDP Chairman Alor Ward II) 355. EMEKA NDUBUISI (PDP Chairman Alor Ward II) 356. MICHAEL MMADUBUKO (PDP Chairman Akwa-Ekiti Ward I) 357. LEONARD IGBOANUGO (PDP Chairman Awka-Ukwu Ward II) 358. SAMSON EZIGBO (PDP Chairman Nobi Ward I) 359. AKUSOBA JOHN (PDP Chairman Nobi Ward II) 360. UCHENNA UWANO (PDP Chairman Nobi Ward III) 361. CHIMEZIE UKABAGHA (PDP Chairman Nnokwa Ward) 362. MADU CHIJIOKE (PDP Chairman Oba Ward I) 363. GODWIN ENUMA (PDP Chairman Oba Ward II) 364. PAUL ONWUGHALU (PDP Chairman Ojoto Ward) 365. CHIGBO OKAFOR (PDP Chairman Ideani Ward) 366. OKONKWO CHIJIOKE (PDP Chairman Abacha Ward) 367. EZIKA FIDELIS (PDP Chairman Uke Ward) 368. NWABUFO IFEANDU PDP Chairman Orukwu Ward) 369. OSEGBO SAMUEL (PDP Chairman Ogidi Ward L) 370. IGWE OKOLO (PDP Chairman Ogidi Ward II) 371. OSINGOR DONATUS (PDP Chairman Ezi-OweIIe Ward) 372. OMEOKACHIE BONY (PDP Chairman Nkpor Ward L) 373. EMECHIE ANAYO (PDP Chairman Nkpor Ward II) 374. EMODI IFEANYI (PDP Chairman Obosi Ward) 375. NDULUO CASMIR (PDP Chairman Abatete Ward) 376. CHIDI OSAFOH (PDP Chairman Umuoji Ward) RESPONDENT(S)
ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment): By notice of Motion dated September 6th 2020 brought pursuant to Order 6 Rule 1 of the Court of Appeal Rules, 2016, Section 15, Court of Appeal Act, 2004, Sections 6 and 36 of the 1999 Constitution as amended and under the inherent jurisdiction of this Court, the Applicants/lnterveners (Applicants) seek in the main the following reliefs:
1. Leave to intervene in this appeal and be joined as Co- Respondents herein.
2. An order joining them as Co-Respondents and or 5th to 32 Respondents.
3. A consequential order directing the Appellants/ Respondents to amend the Appellants’ Brief of Argument and all other relevant processes filed in this Appeal, for the purpose of reflecting the names of the Applicants/lnterveners as Co-Respondents and or 5th to 32 Respondents respectively.
4. An order directing the Appellants/Respondents to serve on the Applicants/lnterveners, the Record of Appeal, the Brief of argument and all other processes filed on behalf of the Appellants/Respondents, in this Appeal.
1
There are five grounds upon which the application has been brought as contained on the Motion paper.
The Applicants’ application is supported by a 17 paragraph affidavit of September 7th, 2020 together with Exhibits AA, Originating Summons in Suit No: CV/1669/2020, pages 75-103 of the Record, Exhibit A, PDP membership Card of 1st Applicant/lntervener, page 104 of the Record, Exhibit B, letter of appointment of Sir Chukwudi Ume- Aba as the Chairman, PDP Care Taker Committee of Anambra State, dated November 21st, 2017, page 105 of the Record, Exhibit C, Anambra State Appeal Panel Report For Ward Congresses held November 28th, 2017, pages 106-107 of the Record, Exhibit D series, Exhibit E, Exhibit F, Exhibit G, Exhibit G series, Exhibit H and Exhibit l. The Applicants filed a Further and Better affidavit in support of their Motion for joinder on July 27th, 2020 and a Reply on November 27th, 2020 to the 2nd Respondent’s written address as well as a Reply to the 4th Respondent’s response on November 20th, 2020 and a written address as ordered by this Court in respect of their Motion on November 4th, 2020.
In response, the Appellants on September 15th, 2020 filed Counter- affidavit of five (5) paragraphs and a written address filed November
2
20th, 2020. The 1st Respondent did not file any process. The 2nd Respondent filed a written address opposing the Applicants’ Motion for joinder on November 25th, 2020. The 4th Respondent in opposition filed Counter-affidavit on November 20th, 2020 and a written address.
ARGUMENT ON BEHALF OF THE APPLICANTS
A sole issue was submitted by the Applicants thus for consideration:
Whether the Applicants/lnterveners have shown sufficient interest in this case whereof the instant Application ought to be granted in their favour.
The learned Applicants’ Counsel, Mr. Adeola Adedipe Esq, submitted that the Applicants’ application is to protect their interest as they will be affected by this appeal or the reliefs in the substantive suit which is a subject of the proceedings initiated by the Applicants at the Federal High Court in suit No: FHC/ABJ/CS/1586/2019 between SAMUEL ANYAKORAH & 27 ORS V. INEC & 23 ORS and to avoid multiplicity of actions. He asserted that they are card carrying members of the Peoples Democratic Party (PDP), the issues to be determined would touch on the Ward, Local Governments and State Congresses and they have not stood
3
by as they only became aware of the appeal September, 2020. He argued that the Appellants have been unable to adequately oppose their application from what is contained in their Counter-affidavit and referred to Exhibits AA and 1. That, from Exhibit 1, the Applicants were approved by the Appeal Panel Report of Senator Grace Bent Ward Congress Report and were inaugurated thereafter and would not want to sit by and watch others fight their battle for them. Further that, the reliefs being sought by the Appellants are far reaching and could unseat or dislodge the Applicants’ interests in view of Exhibit AA as the reliefs are intended directly to impeach their interests where they are not joined as parties to the suit. He submitted that this Court is empowered to join them under Section 15 of the Court of Appeal Act 2004 and under its inherent powers and cited in support the cases of GREEN V. GREEN 1987 3 NWLR PT. 60 480, BELLO V. INEC 2008 8 NWLR PT. 1196 P. 403, OKONTA V. PHILLIPS 2010 18 NWLR PT. 1225 326 and PRINCE YAHAYA ADIGUN & ORS V. A-G OYO STATE 1987 4SC 272. And that, the Court would be doing justice herein if its discretion is exercised in respect of
4
the Applicants’ application and cited the case of AZUBUIKE V. PDP 2014 7 NWLR PT. 1406 292. To assist the Court exercise its discretion, he referred to paragraphs 6-12 in particular of the supporting Applicants’ affidavit. The learned Counsel argued that the instant application is not strange to our jurisprudence as the principle remains that the Applicant shows that he will be affected and did not stand by and cited in support the cases of YAKUBU V. GOV. OF KOGI STATE 1995 8 NWLR PT. 414 386 and BALA V. DIKKO 2013 4 NWLR PT. 1343 52. In conclusion, he urged that the Applicants’ application be granted as it is meritorious.
APPELLANTS/RESPONDENTS’ SUBMISSION
A lone issue was submitted by the Appellants; “Whether the Applicants’ application was grantable in any event.”
The learned Appellants’ Counsel, Mr. Ugwunweze Esq. submitted that the instant application is not grantable in any event as the Applicants have failed to show that any of their interests will be affected by the outcome of this appeal as the interests are too divergent and parallel to the reliefs and substance of the Appellants’ appeal. He contended that, the relief being sought
5
at the Federal High Court by the Applicants is non-justiciable as it is for the Court to wade into the internal affairs of a Political party and compel the conduct of a State Congress which is illegal and cited the case of APC V. LERE 2020 1 NWLR PT. 1705 254. Further that, the Applicants’ application to defend the trial Court’s Ruling is unknown to law and unconstitutional, they have to apply as persons interested under Section 243 (a) of the 1999 Constitution. That, the application is an abuse of the process of the Court and therefore, dead on arrival and cited the case of ODEDO V. OGUEBEGO 2015 13 NWLR PT. 1476 229. He submitted that, their purported interest in the appeal was declared on 21/9/2020 statute barred by the Federal High Court and though they appealed in Appeal No. CA/A/CV/877/2020, the Judgment of the Federal High Court is extant. Consequently, their application for joinder which is an amendment is a ploy to smuggle a statute barred action through the back door into the instant appeal and in support cited the case of EGENTI V. NWANKWO & ORS 2019 LPELR-48087 CA. He contended that, under Section 243 of the Constitution, interested party is a
6
person aggrieved and since the Court below declined jurisdiction on the basis of territory, no legal grievance was suffered and nothing has been deprived or refused the Applicants therein. In conclusion, he urged that the application be dismissed as it is incompetent and lacks merit.
2ND RESPONDENT’S SUBMISSION
Mr. Vincent Ottaokpukpu Esq, the learned Counsel for the 2nd Respondent with a sole issue, “whether the Applicants’ application is grossly incompetent and not grantable”, submitted that, the traditional role of a Respondent is to defend the judgment of the Court below and not otherwise. Further that, this Court is empowered under Section 15 of its Act of 2004, a consecrated appellate jurisdiction as contained under Sections 240, 241, 242 and 243 of the 1999 Constitution and not wide and general powers. That an affected party by the judgment of the Court below or an interested party in the suit, not a party at the Court below, can only approach this Court to appeal such decision by seeking leave as stated in Section 243 (a) 1999 Constitution as amended. In support he cited the cases of OKONKWO & ANOR. V. UBA PLC 2011 LPELR-23010 SC and
7
CHIEF CYPRIAN CHUKWU & ANOR. V. INEC & ORS 2014 LPELR-25015 SC. Therefore, he submitted that, the instant application by the Applicants is incompetent and incurably bad. In conclusion, urged that the application be dismissed for lack of merit and want of jurisdiction.
4TH RESPONDENT’S SUBMISSION
The learned Counsel for the 4th Respondent, Mr Emeka Ogbodo Esq. the sole issue “Whether the Applicants’ application is grantable,” answered in the negative that it is not grantable as the Applicants failed to show that their interests will be affected by the outcome of this appeal. Further that, their interests are divergent and remote from the reliefs being sought herein. And that the Applicants’ action, which is complaint about the Congresses of the 3rd Respondent was declared statute barred by the provision of Section 285 (9) and (14) of the 1999 Constitution, the Fourth Alteration Act 2017 and cited the cases of APC V. UMAR 2019 8 NWLR PT. 1675 564 and APC V. LERE supra. That, the said Congresses had been confirmed in the judgment of the Federal High Court of 24/5/2018 and the Applicants’ application is therefore tainted with illegality and a
8
nullity and cited the case of ODEDO V. OGUEBEGO supra. He argued that the Applicants cannot be seeking to join as Respondents where the primary duty of a Respondent is to defend the decision and therefore their application is unknown to law and unconstitutional and cited the case of ODEDO V. OGUEBEGO supra. That, the only way they can join is as provided under Section 243 (a) of the 1999 Constitution, as interested parties, seeking leave to appeal. He further submitted that the there is no legal grievance from the Ruling and nothing was deprived or refused the Applicants and they are not applying to appeal against the Ruling for any imaginary interest. In conclusion he urged that the application be dismissed as incompetent.
RESOLUTION BY THE COURT
I have very carefully and painstakingly considered all the processes filed for and against the Applicants’ application and shall proceed thus in its determination:
The Applicants seek to be joined herein as Co-Respondents to Appeal No. CA/A/641/2020, before this Court for the reason in the main that, the question for determination in the Appellants’ Suit No. FCT/HC/CV/1669/2020, at the Court below
9
leading to this appeal, involves issues touching on the Ward, Local Government and State Congresses relating to the PDP in Anambra State. That, they will be affected by this appeal or reliefs sought in the substantive Suit which is also a subject of proceedings initiated by them in Suit FHC/ABJ/CS/ 1586/2019. It is important to note that in the Applicants’ Further and Better Affidavit in reply to the 4th Respondent’s Counter-affidavit, in paragraph 6(c) thereof specifically, they stated that they “are not contesting the decision of the trial High Court. Rather, they want to be joined to this Appeal, in order to be heard on the substantive Suit which has not been determined.”
Firstly a pertinent question to be answered is, how will the Applicants be affected by this appeal, so much so that, their application should be favourably considered. It then necessitates looking at the content of the appeal before this Court, what it is all about and given the Applicants’ intention as expressed in the above stated paragraph 6 (c) of their Further and Better affidavit.
10
As garnered from the processes filed by the parties, the Appellants, the 2nd and 4th Respondents and the Applicants themselves particularly the Record of appeal, one finds that this appeal is a result of the Ruling of the Court below on pages 839-870 of the Record of appeal, wherein the Court declined jurisdiction to entertain the Appellants’ Suit FCT/HC/CV/1669/2020 for lack of territorial jurisdiction. The Appellants’ Notice of Appeal is on pages 891-902 of the Record. For better appreciation of the point that is being considered and to be made, the grounds of appeal by the Appellants pending before this Court are hereunder reproduced as follows without the particulars:
GROUND 1 (ERROR OF LAW)
The Trial Court erred in Law when it declined territorial jurisdiction to entertain Appellants’ Originating Summons at the Trial Court on the ground of Lack of Territorial Jurisdiction.
GROUND 2 (MISDIRECTION IN LAW)
The Trial Court misdirected itself in Law in refusing the (sic) follow the recent decision of the Supreme Court in the case of ZAYYAD IBRAHIM V. ALL PROGRESSIVES CONGRESS (APC) (Unreported SC. 420/2019) delivered on 14/06/2019 cited by the Appellants and a Certified True Copy was made available to the Trial Court
11
but now reported in (2019) 16 N.W.L.R. (Part 1699) 444 in which Supreme Court held that in coming from Kaduna State to the Headquarters of All Progressive Congress in Abuja to change or substitute election results confers territorial jurisdiction to the High Court of the Federal capital Territory to entertain the matter.
GROUND 3 (ERROR OF LAW)
The Trial Court erred in Law in not acting abundance cautela by hearing the Originating Summons together with the issue of its territorial jurisdiction on the merit even though it raised the issue of territorial jurisdiction suo motuo (sic) and came to the conclusion that it had no territorial jurisdiction as nothing prevented it from doing so as the Appellants’ suit was commenced by Originating Summons where no oral evidence was required.
See pages 898-901 of the Record.
From the Record, the Appellants’ Suit at the Court below was brought vide Originating Summons, for reliefs amongst others, for the officers of the Congresses of the PDP, Anambra State be declared as entitled to have their full four year tenure following the elections into the Congresses in November and December 2017. In my
12
considered view and humbly, the decision of this Court, one way or the other on the pending appeal against the Ruling of the Court below, will not lead to any injustice, deprivation of any rights whatsoever or irreparable situation on the Applicants. The reason being that, the matter is yet to be tried at the Court below, the substance or meat of the issues had not been touched at all. The Appellants and Respondents are before this Court simply on the Ruling of the Court that it lacked territorial jurisdiction to go into the substance of the Appellants’ Suit. Further, the issue of the different interests therein has not even arisen or considered. Given the position of the Applicants, whichever way the judgment in this appeal goes they would appear to have nothing to lose at this stage in my view and humbly. They can always and still pursue what they seek to do by the instant application on a surer and better platform and properly to argue their joinder in the yet to be commenced Appellants’ Suit at the Court below. It is pertinent to reiterate at this juncture the Applicants’ pursuit and expressed interest as clearly stated in the said paragraph 6 (a) of their
13
Further and Better affidavit that they “are not contesting the decision of the trial High Court. Rather, they want to be joined to this Appeal, in order to be heard on the substantive Suit which has not been determined.”Further in my view, the ground that they want to protect their interests as a reason for joinder in this appeal does not arise as the substantive matter is not on appeal given the Appellants’ grounds of appeal. See the cases of GREEN V. GREEN 1987 3 NWLR PT. 60 480, IN RE: MOGAJI 1986 NWLR PT. 19 759 and NWEKE V. NWEKE 2014 LPELR- CA/E/93/2013.
On the Appellants’ and the 2nd and 4th Respondents’ submissions that Section 243 (a) of the 1999 Constitution ought to have been complied with and failure so to do makes the application eminently qualified to be struck out, are correctly based on the law. A party seeks to be joined on appeal where he is aggrieved or has been wrongly deprived of something or is likely to be affected or aggrieved by the outcome of the decision of the Court in that appeal. See the cases of IYIMOGA V. GOV. PLATEAU STATE 1994 8 NWLR PT. 360 P. 77, IN RE: YINKA FOLAWIYO & SONS LTD. 1991 7 NWLR PT. 202 237.
14
None of the foregoing reasons for joinder in an appeal can be found in respect of the Applicants’ application which means that the Applicants have failed to show why their application should be granted.
When the appeal that is before this Court in which the Applicants seek to be joined is determined one way or the other, in my considered view and humbly, an avenue of good level playing ground would be opened for the Applicants. It is and respectfully, of no legal value to join the Applicants in the said pending appeal for the reasons afore stated. It would bring about unnecessary delay which is avoidable and even clog the clear issues presented for resolution by the Court. One may therefore add that the Applicants will not be left high and dry without any remedy.
In the result, this application cannot be allowed and is consequently hereby dismissed.
PETER OLABISI IGE, J.C.A.: I agree.
YARGATA BYENCHIT NIMPAR, J.C.A.: I had the privilege of reading in advance the Judgment just delivered by my learned brother, E. O WILLIAMS-DAWODU, JCA and I am in agreement with his reasoning and conclusion arrived at therein.
15
Appearances:
Mr. G. C. Ugwunweze For Appellant(s)
Mr. Olamilekan Joseph – for 1st Respondent
Mr. V. C. Oftaokpukpu with him, C. M. Umesie – for 2nd Respondent
Mr. Ochai Otokpa – for 3rd Respondent
Mr. Sunday Olawoyin – for 4th Respondent
Mr. Adada Adedipe with him, W. A. Adenirah -for Appellant/Intervention For Respondent(s)
