5th August, 2016
In a unanimous decision, a five-man panel of justices of the appellate held that Otti and his party lacked the locus standi to be joined as interested parties in appeal that arose from verdict of the lower court.
The court ruled that the gamut of the dispute that was resolved by trial Justice Okon Abang of the Federal High Court in Abuja, on June 27, bordered on qualification or otherwise of Ikpeazu to participate in the governorship primary election the Peoples Democratic Party, PDP, held on December 8, 2014.
It held that since the issue related to qualification of candidates to be nominated or sponsored by the PDP, neither Otti nor APGA had the legal right to meddle in an inter-party affair of another political party.
The appellate court described Otti as “a meddlesome interloper and busy-body”, stressing that under section section 87(9) of the Electoral Act, 2010, only those that participated in the PDP primary could question the outcome.
“The applicant who is a member of another political party has no locus to query process of nomination of another party.
“He is merely a busy body who has no locus to appeal against the whole decision of the lower court regarding the governorship primary election conducted by the 2nd Respondent on December 8, 2014.
“The applicants (Otti and APGA) had the onus to show the interest they have and how the judgment of the lower court adversely affected them.
“The applicants do not have sufficient legal grievance. They only have general interest which is equal to that of any other candidate that participated at the election.
“They are neither necessary nor desirable parties in this appeal. It is left for the 1st and 3rd Respondents ((Ogah and Ikpeazu) to slug it out.
“Moreover, the applicants could not have been joined as an interested party by the lower court”.
The appellate court further held that Otti and APGA did not place enough materials for it to judicially and judiciously exercise discretion in their favour in line with section 243 of the constitution.
“The applicants have failed to establish any cognizable legal interest to warrant this court to join them as interested party in an inter-party dispute.
“A complete stranger cannot be allowed to meddle the waters of this dispute.
“On the whole, this application lacks merit and it is accordingly dismissed with N50, 000 cost to each of the respondents except the 4th Respondent (INEC)”, the court held.