Hon. Abubakar Bala Vs Mr. Musa Dikko & Ors (2012)

LAWGLOBAL HUB Lead Judgment Report

MAHMUD MOHAMMED, J.S.C. 

On 21/11/2009, the People’s Democratic Party (PDP) conducted primaries for the nomination of its candidates for the Federal Capital Territory Chairmanship election into Area Councils within the Territory. At the end of the exercise Mr. Peter Yohanna, the 2nd Respondent in this appeal, emerged as the candidate of the People’s Democratic Party (PDP) having polled the highest number of votes at the primaries for Bwari Area Council. As required by law, the 2nd Respondent nominated Hon. Abubakar Baia, the Appellant in this Court who was the applicant in the Court below, as his running mate for the Bwari Area Council

Chairmanship/Vice Chairmanship election slated for 10/4/2010. However less than 60 days to the date of the Federal Capital Territory Area Council election, the 3rd Respondent in this Court, Independent National Electoral Commission (INEC), on 8/3/2010 published a list of candidates for the said election for various Political Parties but omitted Mr. Yohannas name as the Peoples Democratic Party (PDP) Chairmanship candidate for Bwari Area Council and attempt was made to substitute his name with that of the 1st Respondent Mr. Musa Dikko who, following this development filed an action at the Federal High Court for the resolution of the dispute by Judicial review of the action of the 3r Respondent. At the end of the hearing of the case, the trial Court found for the Plaintiff now 2nd Respondent who was affirmed as the Chairmanship candidate for the P.D.P. for Bwari Area Council in the election slated for 10/4/2010.

On the basis of the judgment of the trial Court, the 2nd Respondent Mr. Yohanna and the Appellant Hon. Abubakar Bala contested the election held on 10/4/2010 and emerged winners as Chairman and Vice Chairman respectively of Bwari Area Council and were duly returned accordingly by the 3rd and 4th Respondents in this Court and subsequently, were sworn to serve in their respective offices.

The 1st Respondent, Mr. Musa Dikko who was not satisfied with the Judgment of the trial federal High Court, appealed against it to the Court of Appeal urging the Court to allow his appeal, nullify the election of the 2nd Respondent as Chairman and affirm him as the candidate of the Peoples Democratic Party (PDP) and winner of the election as Chairman of Bwari Area Council. Believing that Mr. Yohanna, the 2nd Respondent and the appellant as Chairman and Vice Chairman of the Council respectively have a joint interest in the pending appeal at the Court of Appeal where Mr. Yohanna is the 1st Respondent, the appellant applied to be joined in that appeal as the 4th Respondent. The application dated 22/3/2011 was filed on 23/3/2011. This Motion was heard on 24/5/2011 and in its Ruling delivered on 30/6/2011, the Court of Appeal dismissed the applicant, now appellants application to give rise to the present appeal.

When this appeal was taken on 11/10/2012, 1st, 3rd and 4th Respondents were absent and not represented but have been duly served with hearing notices for the hearing of the appeal on that date. The 2nd Respondent on his part though represented by Counsel, filed no Respondent brief of argument on being served with the Appellants brief of argument. Thus, pursuant to the provision of Order 6 Rule 8(6) of the Rules of this Court, the 1st, 3rd and 4th Respondents whose briefs of argument were already in place, were deemed to have adopted their respective briefs of argument at the hearing of the appeal.

The two issues identified in the Appellants brief of argument are –

‘1. Whether the Court of Appeal was right in holding that the Appellants Motion for joinder was incompetent on ground that same was signed for the Appellants lead Counsel by another person.

2. whether the Court below was correct in refusing to join the Appellant as a

Respondent in the appeal before it.’

In the 1st Respondents brief of argument similar issues as raised in the Appellants brief but differently worded, were formulated as follows:-

‘1. Whether or not the Motion filed by Appellant before the lower Court was competent having been signed on behalf of the legal Practitioner by an anonymous person.

whether or not the Appellant had disclosed sufficient interest in the

subject matter of the suit to warrant his being joined on appeal as a co-respondent before the lower Court.’

On their part, the 3 and 4 Respondents in their joint brief of argument, have chosen to adopt the issues as raised in the appellants brief of argument.