Comrade Mike Alioke V. Dr. Victor Ike Oye & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This is an appeal against the decisions of the Court of Appeal, sitting in Enugu delivered on 15th and 16th August 2017, in Appeal No. CA/367/as contained at pages 651-690 of the Record of Appeal. The Appellant being dissatisfied with the said decision of the Court below filed a Notice of Appeal dated 17th August 2017, as contained at pages 691-697 of the Record of Appeal.

Ground one alleges error of law on the part of the lower Court for assuming jurisdiction in the subject matter of the appeal during the pendency of appeals Nos. SC.598/2017 and SC.600/2017 before this Court (Supreme Court). Ground two alleges error of law on the part of the Court below for assuming jurisdiction to entertain and determine Appeal No. CA/E/367/2017 which was initiated by a party interested without the prior leave of the Court first sought and obtained. The third and final ground of the appeal alleges error of law on the part of the lower Court in seeking to regularise the notice of Appeal filed in Appeal No. CA/E/367/2017.

SUMMARY OF FACTS:

The 1st Respondent herein who had occupied the

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position of the National Chairman of the 2nd Respondent (APGA) was suspended from acting in that capacity on ground of misconduct. Subsequently, the National Working Committee (NWC) of the 2nd Respondent appointed one Hon. Ozo Nwabueze as Acting National Chairman. Unfortunately, Hon. Nwabueze died and one Chief Martin Agbaso was purportedly adopted on 30th January, 2017, as Acting National Chairman of the 2nd Respondent.

The 3rd Respondent refused to recognise the adoption of Chief Martin Agbaso as Acting National Chairman of the 2nd Respondent. Due to this development, an application for order of Mandamus to compel the 3rd to 5th Respondents to recognise the appointment of Chief Martin Agbaso as Acting National Chairman of the 2nd Respondent was filed on 21st April 2017, by the Appellant purportedly acting on behalf of the 2nd Respondent asking amongst others, for an order of Mandamus compelling the 3rd Respondent to accept and recognise the decision of the 2nd Respondent appointing one Chief Martin Agbaso as the Acting Chairman of the 2nd Respondent.

The 1st Respondent was neither joined as a party to the application for order of Mandamus nor was heard in the

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said application despite making copious references to his status, office and standing, as person to be affected directly by the outcome of the Mandamus application. The trial Court granted as prayed, the reliefs sought in paragraphs A,B, and C of the application. As contained at pages 202 and 203 of the Record of Appeal.

Following the order made by the trial Court, the 1st Respondent herein filed a Notice of Appeal against the decision of the trial Court dated the 15th June 2017. Also filed along with the Notice of Appeal is an application for leave to appeal as an interested party against the decision of the trial Court dated 16th June 2017, as contained in pages 245-283 of the Record of Appeal.

The Appellant filed a counter affidavit to the 1st Respondent’s application. The lower Court heard the application on 10th July 2017, and overruled the Appellant’s opposition and granted leave to the Respondent to appeal against the judgment of the trial Court as an interested party. In the said order, the Court below also deemed the Notice of Appeal dated and filed 20th June 2017, as properly filed and served. The Court

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