Kulloma Umara v. Abdullahi Idriss (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

TIJJANI ABUBAKAR, JSC (Delivering the leading judgment)

This appeal is against the ruling delivered by the Court of Appeal, Abuja Division on the 16th day of December, 2022 in appeal number, CA/G/216M/2022.

The appellant in this appeal became aggrieved by the ruling and lodged an appeal at the lower court.

Just by way of summary of facts, the 1st respondent commenced action by an amended originating summons on the 19th day of September 2022, the 1st respondent submitted four questions to be determined by the trial court and six declarations and orders.

The 1st respondent sought for a declaration that he is the lawful candidate of the 2nd respondent in the just concluded 2023 general election for Gujba, Gulani, Tarmuwa and Damaturu Federal Constituency of the Nigerian House of Representatives.

By the same token, the 1st respondent sought to restrain the 2nd respondent from recognising and presenting any person other than him as its candidate for the said election.

In a considered judgment delivered on the 26th day of October 2022, the trial Federal High Court, sitting in Damaturu found that the 1st respondent as plaintiff established a legitimate claim to the declarations and orders sought in the amended originating summons, the court therefore granted the declarations and orders as prayed.

Meanwhile, the appellant herein who, though not a party to the suit at the lower court, filed an application dated the 2nd day of November 2022, seeking for leave to appeal against the judgment of the trial court as an interested party.

The appellant alleged that the 1st respondent had validly withdrawn his candidature and was subsequently substituted with one Mohammed M. Bukar, now deceased, and was also substituted with the appellant as the 2nd respondent’s candidate, after a fresh special congress was conducted.

The appellant’s application for leave to appeal was refused in a decision delivered on the 8th day of November 2022, wherein the lower court held that the appellant

“did not demonstrate how the suit he sought to appeal against as an interested party would not be fairly dealt with in his absence.”

Similar application for leave to appeal as an interested party dated the 23rd day of November 2022 was filed by the appellant, and by a ruling delivered on the 16th day of December, 2022, the application was dismissed with cost of N200,000.00 (two hundred thousand naira) awarded in favour of the 1st respondent.

The appellant became nettled by the decision of the lower court and approached this court challenging the judgment of the lower court via notice of appeal dated and filed on the 29th day of December, 2023 containing 12 grounds of appeal.

The appellant’s brief of argument was filed on the 12th day of January 2023 by learned counsel Charles Musa, learned counsel nominated two issues for determination, the issues are reproduced as follows: