Independent National Electoral Commission (INEC) V. Admiral Murtala Nyako (Rtd) & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

REGINA OBIAGELI NWODO, J.C.A. (Delivering the Lead Ruling)

By motion on notice filed on 22nd March 2011, the applicant prays for the following orders:

(1) AN ORDER granting leave to the interested Parties/Applicants to appeal against the judgment of the Federal High Court, Abuja delivered on 23rd February, 2011 by Hon. Justice Adamu Bello in suit No: FHC/ABJ/CS/650/2010.

(2) AN ORDER granting leave to the interested Parties/Applicants to be joined as Co-Appellants to Appeal No: CA/A/117/2011 already entered before this court against the judgment of the Federal High Court, Abuja delivered on 23rd February, 2011 in suit No: FHC/ABJ/CS/650/10.

(3) AND FOR SUCH FURTHER or other orders as this Honourable Court may deem fit to make in the circumstances of this case.

The grounds of the application reads thus:

(i) The Federal High Court, Abuja, presided over by Hon. justice Adamu Bello delivered judgment on 23rd February, 2011 on the Originating Summons filed by the Plaintiff/Respondent herein on 11th September, 2010, and granted all the reliefs sought therein.

(ii) The said judgment radically affects and inhibits the interest of the Applicants.

(iii) Applicants have shown their interest to contest the Adamawa State Governorship election slated for April 16, 2011 by the Independent National Electoral Commission (INEC).

(iv) Plaintiff/Respondent has also signified his interest to participate in the said election slated for April 16, 2011.

(v) Financial, human and material resources have been committed by the Applicants into the preparation for the election.

(vi) 1st Applicant has conducted its primaries for the said election and has forwarded the name of the 2nd Applicant to INEC as its candidate for Adamuwa State Governorship poll.

(vii) INEC has accepted the name of the 2nd Applicant as the flag bearer of the 1st Applicant for the said election slated for April 16, 2011.

(viii) By a Motion dated 28th February, 2011, and filed on the same date, Applicants prayed the lower Court for leave to allow them appeal against the said judgment as interested parties.