BENIN CITY – The Court of Appeal in Benin City, has struck out an application from one Austine Ajayi, Electoral Supervisor for Oghede Ward, in Ovia North East Local Government Area of Edo State.
The application was asking for an order extending time within which he (Austine Ajayi) may seek leave to appeal against the entire proceedings leading to the judgment of the National Assembly, Governorship and State House of Assembly Election Petition Tribunal holden at Benin City, of September 28, 2007 in the case involving Hon. Edoba Aikpitanyi (PDP Candidate) and Mr. Bright Osayande (AC Candidate) for the Edo State House of Assembly election. In the ruling, Justice George Oladeinde Shoremi (JCA) declared that as an adhoc staff of the Independent National Electoral Commission (INEC), Mr. Ajayi could not claim to have a right of appeal because he had no interest in the outcome of the appeal.
“In fact, no judgment was delivered against him (Ajayi) by the lower Tribunal,” Justice Shoremi added.
The Appeal Court Judge stated that the right of Appeal does not exist in vacuum.
He declared that it must be invoked when there is in existence against the person wishing to exercise the right of appeal, a decision of the court.
He therefore ruled that it would be an academic exercise to consider whether extension of time will be granted or not.
“The 2nd Respondent/Applicant’s (Austine Ajayi’s) application has no merit in that he did not show how he acquired his right of appeal as an aggrieved person. The application is hereby dismissed”, declare Justice Shoremi. Justices Ali Abubakar Babandi Gumel and Chioma Egondu Nwosu-Iheme, agreed with the ruling of Justice Shoremi that the application of Mr. Ajayi lacked merit and therefore dismissed it accordingly.
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