LP Primaries: Court Dismisses Maduka’s Appeal For Lack Of Locus Standi

The Court of Appeal, sitting in Abuja, has dismissed the appeal filed by the candidate of the Labour Party for the Imo State governorship election, Sir Basil Maduka, for lack of locus standi.

Justice Olubunmi Oyewole, in his judgement, said Maduka lacked the legal right to complain about the primary election, which he was not an aspirant.

The Court dismissed the appeal and awarded N250,000 cost against the Appellant (Maduka).

Maduka emerged as a candidate of the Labour Party under the Julius Abure-led faction. However, the Independent National Electoral Commission (INEC) recognized the candidate of the Lamidi Apapa function of the party.

Maduka challenged INEC’s decision at the High Court in Imo State, but the Court dismissed the suit. Not satisfied, he approached the Court of Appeal to upturn the lower Court’s decision.

However, the appellate Court said the action was contested by the 1st and 3rd respondents (LP and Ikechukwu Joseph), who filed processes challenging the appellant’s statement that the primary of the 1st Respondent took place on April 16, as rescheduled by the national leadership of the 1st Respondent and that the Appellant not a candidate at the said primary election, which was won by the 3rd Respondent.

The learned trial Judge took arguments from the learned counsels for the respective sides and delivered a considered judgment as aforesaid on June 2, 2023, wherein the Appellant was found to lack the requisite locus standi to maintain the action upon which his suit was dismissed.

Not satisfied, the Appellantked the Court’s appellate jurisdiction via a Notice of Appeal filed on July 6, 2023, containing three grounds. Read More: https://legalattorneyblog.com/2023/08/16/taraba-mobile-court-remands-two-chinese-nationals/

In its judgement, after listening to arguments from counsels in the matter, the Court held, “Locus standi is the ground upon which a Plaintiff or Claimant stands to maintain an action. It denotes the legal capacity to institute an action in a court of law.

Locus standi goes to the competence of a Plaintiff or Claimant to create and maintain an effort, thereby implying that the absence of the requisite locus standi by a Plaintiff or Claimant robs the Court of the necessary jurisdiction to adjudicate on litigation. It is, therefore, a threshold issue that goes to the Court’s jurisdiction to judge the action.

“The absence of locus standi by the Appellant arose in the lower Court’s judgment after both sides had placed their respective affidavit evidence before the Court.

The learned trial Judge would have been remiss at that stage to ignore the affidavits and exhibits placed before the Court, which contradicted the posture of the Appellant to show that he participated in the primary election organized by the 1% Respondent, held on April 16 2023, from which the 3 Respondent emerged as the winner and cannot be heard to complain about the outcome. I, therefore, agree with the lower Court that the Appellant is the requisite locus standi to maintain the action.

I resolve this issue against the Appellant in favour of the 1st and 37th Respondents. The remaining two points of the Appellant have been rendered academic and shall be appropriately discountenanced.

“In totality, I find no merit in this appeal and dismiss it accordingly. The cost of N250,000.00 is awarded in favour of the 1st and 3rd Respondents against the Appellant.”

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