IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE KANO JUDICIAL DIVISION
HOLDEN AT KANO
Before His Lordship:-
HON. JUSTICE E.D. E ISELE - JUDGE
DATE: 25th OF JUNE 2019 - SUIT NO: NICN/KN/08/2018
ALHAJI AMADU DALHA GAFAI
MOHAMMED RABIU CLAIMANTS
HASHIMU HARUNA DEFENDANTS
REPRESENTATION: parties absent.
Abdul Aliyu for the Claimant/Applicants
On the 6th March 2018 this court granted an interim Order against the Defendants respondents either by themselves, their Agents and privies or any person acting through them or for them from inaugurating the purported elected Katsina state Executive of the 1st Defendant by means of swearing them in pending the hearing and determination of the motion on notice dated 1st March, 2018.
At the heart of these proceedings is an Originating summons filed on the 1st March 2018. However, by the 4th of April 2019 the court heard counsel for the Claimant Applicant move 2 separate motions which are up for determination in this ruling. The Claimant Applicant was heard an the motion on notice filed on March 2018 seeking to restrain the Defendants in the manner done in the interim Order of the 6th of March 2018. In support of the motion was supporting affidavits filed on the 1st March 2018 and a further Affidavit filed on 10th April 2018 both accompanied with written addresses. The Defendant Respondent in response filed a counter affidavit of 12 paragraphs and a written address. In the 2nd Application filed on the 10th of April 2018, the claimant Applicant seeks the following orders:
An Order seeking leave to join Dr. J.C Alozie, Deputy Director Veteran Affairs Division, Ministry of Defence, Abuja as the 3rd Defendant in the suit.
An Order joining Dr. J.C Alozie, Deputy Director, Veteran Affairs Division, Ministry of Defence, Abuja as the 3rd Defendant in this suit.
The motion was supported by an 11 paragraph affidavit and a written address. The 1st Defendant filed a counter affidavit on the 16th April 2018 together with a written address.
I have had the benefit of reading through the very terse addresses in support of both the Applicant and the Respondent as well as the affidavits as filed by the parties. In paragraph 5 and 6 of the counter affidavit of Yahaya Sadiq Rabiu, he averred that
5. “while the depositions at paragraphs 3, (A), (B) and 4 are true, the depositions at paragraph 3(C), (D), (E) F and 5 are not true they are also misleading”.
6. “that the true position is that the tenure of the state and Area Councils of the 1st Defendant has since expired on 8th May, 2017 and it was the Honourable Minister of Defence that was charged with the responsibility of dissolving and conducting general elections into the Nigerian Legion state and Area Councils through Executive Governor of each state”
I have also seen that at paragraph 10 of the affidavit in support of the motion on notice, where the Applicants under took to indemnify the Defendants/Respondents in damages in the event of the Claimants Applicants losing. And having read again the written addresses of the parties I am in no doubt that the prayers as sought by the claimant applicants to restrain the Defendant, is hereby granted as prayed on the face of the motion.
And ruling is hereby entered accordingly.
I had equally read through the Application for joinder and in the affidavit of Na’im Hassan it was averred that the election being complained against was supervised by a team of officers from the Veteran affairs division (VAD) in the Ministry of Defence instructed via a letter referenced No:VAD/678/NL/CON of 8th May 2017 signed by one O.O Soleye a Brigadier General on behalf of the Minister of state for Defence that all inquiries regarding election matters should be directed to Dr. J.C Alozie, DD (VAD). That it was the said Dr. J.C Alozie who ought to have supervised the entire electoral process. And the suit cannot be successfully resolved without joining the said Dr. J.C Alozie, DD (VAD) being the overall supervisor of the purported election.
In response the 1st Defendant. In the counter affidavit deposed to by Yahaya Sediq Rabiu, it was averred that the election was conducted by the Executive Governor of Katsina state in his capacity as the state patron of the 2nd Defendant. That Dr. J.C Alozie with his team only supervised the election as the Deputy Director, Veteran Affairs Division, Ministry Defence Abuja and as such he was not a necessary party to the action and that the matter could be successfully resolved without joining him as he will never be affected by the outcome of the decision. And having read both addresses I am persuaded by the decision of the Supreme Court in EMMANUEL BELLO VS INEC (2010) 41 NSCQR page 1314 at page 1389 para G as relied on by the Applicant in the written address, where the apex court held that the Rules of court gives the court the discretionary power to Order that a person be added as party to a suit where it considers that such a person ought to be a party to the proceedings.
In my view it will accord for a just determination of this matter if the party sought be joined is so joined as the 3rd Defendant in this suit. It therefore hereby ordered that Dr. J.C Alozie, be and is hereby joined as the 3rd Defendant in this suit. In this proceeding he serves as a nominal party having regard to the submissions of the Defendants.
Ruling is entered accordingly.
Parties to proceed to hearing of the originating summons.
HON. JUSTICE E. D. E. ISELE