Court Dismisses APP Joinder Application in Election Sequence Suit
Justice Ahmed Mohammed of the Federal High Court Abuja, yesterday, dismissed an application by the Action Peoples Party in which it sought to join the election sequence suit instituted by the Accord Party.
Action Peoples Party had through its lawyer, Kingdom Okere argued that its interest would be affected by the outcome of the matter, thereby urging the court to allow it join the case in the interest of justice.
However, in a bench ruling yesterday, Justice Mohammed held that Action Peoples Party had not disclosed any cause of action its affidavit and application.
Consequently, the judge dismissed the application for lacking in merit.
Earlier, the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, said the party seeking to join the suit came with a defected affidavit and urged the court to dismiss it.
Earlier, the plaintiff, Accord Party through its lawyer, Wole Olanipekun, SAN, informed the court that he had filed a written address to the Originating Summons all in a bid to underscore the seriousness that is attached to the suit.
Olanipekun recalled the courts intervention last week in preserving the subject-matter of the suit, but regretted that the interim order of the court was interpreted in several quarters as the judiciary interfering with the constitutional powers of the legislature.
On their part, the NASS and the Independent National Electoral Commision, represented by Joseph Daudu, SAN, and Femi Falana, SAN, respectively, urged the court to dismiss the joinder application of the Action Peoples Party on the ground that the party had not disclosed sufficient reason that its interest would be jeopardised of not joined as a party in the suit.
Daudu submitted that the judiciary was in the eye of the storm as a result of the preservative order by Justice Mohammed last week.
Earlier, Okere Kingdom, counsel to the Action Peoples Party, had prayed the court to allow it join the suit in the interest of justice, arguing that its interest as a political party would be jeopardised by the outcome of the matter.
After listening to the arguments of counsel to parties in the suit, Justice Mohammed, in a bench ruling dismissed the joinder application by the Action Peoples Party.
Justice Mohammed held that the suit could be determined without bringing the
Action Peoples Party, adding that the party had not disclosed how its interest
would be affected by the outcome of the suit.
Subsequently, the judge adjourned the suit till March 26 for the hearing of the
substantive suit.
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