Independent National Electoral Commission & Anor V. Hon. C. I. D. Maduabum (2008)

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JIMI OLUKAYODE BADA, J.C.A.

This is an appeal against the Ruling of the Federal High Court, Abuja Nigeria, delivered on the 19th day of April 2007 in Suit No. FHC/ABJ/CS/90/2007 – Independent National Electoral Commission (INEC) vs. Hon. C. I. D. Maduabum.

The learned trial Judge after hearing the application to set aside the default Judgment of the Court and striking out of the Suit brought by the 2nd Defendant now 2nd Appellant refused it on the ground that the application lacked merit.

Dissatisfied with the said Ruling the 2nd Appellant now appealed to this Court.

The Learned Counsel for the 2nd Appellant formulated three issues for determination as follows:-

“(1) Having joined the 2nd Appellant as a party to the action, was the trial Court competent to set aside the Order of joinder.

(2) Whether the learned trial Court was right when it refused to set aside its Judgment of 14th March 2007 in default of appearance.

(3) Whether the learned trial Judge had jurisdiction to entertain the action.”

The learned Senior Counsel for the Respondent adopted the 1st Issue for determination identified by the 2nd Appellant in his brief of argument and in the course of argument demonstrated that the 2nd Appellant is not competent to argue the other issues namely issues 2 and 3, as identified by him.

In the determination of this appeal, the issues as set out on behalf of the Appellant are considered relevant and apt.

At the hearing, Learned Counsel for the 2nd Appellants adopted and relied on the 2nd Appellant’s brief and reply brief of argument while Learned Senior Counsel for the Respondent relied on the two briefs filed on behalf of the Respondent on 11/6/07 and 28/2/08 respectively.

Issue 1

Having joined the 2nd Appellant as a party to the action, was the trial Court competent to set aside the Order of joinder.

Learned Counsel for the 2nd Appellant referred to the record of proceedings which showed that the application for joinder filed on behalf of the 2nd Appellant on 16th April 2007 was taken and granted on 17th day of April 2007 without any objection.