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 Labour Party for 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 candidate of the Labour Party under the Julius Abure-led faction of the party. However, the Independent National Electoral Commission (INEC) recognised the candidate of the Lamidi Apapa-faction 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 decision of the lower court.

But, the appellate court said the action was contested by the 1st and 3rd respondents (LP and Ikechukwu Joseph), who filed processes challenging the contention of the appellant. They stated that the primary of the 1st respondent took place on the 16th of April, as rescheduled by the national leadership of the 1st respondent and that the Appellant was 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 the 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 Appellant invoked the appellate jurisdiction of the Court via a Notice of Appeal filed on the July 6, 2023 containing three grounds.

In its judgememt 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 institute and maintain an action which thereby implies that the absence of the requisite locus standi by a Plaintiff or Claimant robs the Court of the necessary jurisdiction to adjudicate on the subject of litigation. It is therefore a threshold issue which goes to the jurisdiction of the court to adjudicate over the action.

“The issue of the absence of locus standi by the Appellant herein arose in the judgment of the lower court 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. The Appellant failed to show that he participated in the primary election organized by the 1% Respondent which was held on the 16 April, 2023 from which the 3 Respondent emerged as winner and cannot be heard to complain about the outcome thereof. I therefore agree with the lower court that the Appellant was bereft of the requisite locus standi to maintain the action and I resolve this issue against the Appellant and in favour of the 1st and 37th Respondents. The remaining two issues of the Appellant have been rendered academic and shall be appropriately discountenanced.

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