“In Nwosu v Ogah & Ors (2018) LPELR – 40851, the court defined, “Who is a party to an appeal’’, thus:
“The appellant herein was a party at the trial Court in Suit No: FHC/ABJ/CS/71/2015 between Dr. Sampson Uchechukwu Ogah Vs. Peoples democratic Party (PDP) & 3 Ors. He contested that Suit as the 4th defendant even though joined to the suit upon his own application. It does not matter. He is still a party. Having therefore contested the suit as a party at the trial Court, the right of appeal thus reside in him if at the end, the decision of the trial Court was unfavorable to him and he needed to appeal against it, such person or persons cannot be shut out on account of the claim by the other person (s) stating that no relief was sought against him (appellant) at the trial Court and no order affecting him was made by that Court.
To shut him out on this account is to deny him his right of appeal and right of hearing under Section 243 (a) read together with Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). So as party to the Suit No. FHC/ABJ/CS/71/2015 at the Court below, he is well qualified to appeal against that decision and be heard on issues arising from the decision in the exercise of his right to fair hearing. Even where he is not a party to the Suit, the person who can show that he has a legal interest in the subject-matter of the decision in the Suit now on appeal can with the leave of Court duly sought and obtained appeal against such decision. See: Ademola Vs. Sodipo (1992) 7 SCNJ 417, 428.
In the instant case, the appellant is not just a person interested in the subject-matter to which the appeal relates, he has been a party to the proceedings at the trial Court and in exercise of his right of appeal can so appeal. See: Ezechukwu Vs. Madukwe (2011) LPLR-3772 (CA); ACN Vs. Labour Party (2012) LPELR-8003 (CA); Prof. Awojobi V. Dr. Ogbemudia (1983); Re Ugadu (1988) 5 NWLR 188, 203; Ikonne V. COP (1986) 4 NWLR 473. It is one thing for the litigant to exercise his right of appeal, while the validity of the complaint presented by him at the hearing of the appeal is another thing altogether. But to shut the litigant from presenting an appeal in a suit for which he is a party will at this stage translate to jumping the gun. It is like hitting the opponent below the belt and this is contrary to the rules of the game.” per HUSSAINI, J.C.A (PP. 27-29, PARA. A).”
PER A.O.OBASEKI-ADEJUMO, J.C.A in ZENITH BANK PLC .V. CHIEF SUNDAY EDEH &ANOR
SOURCE: https://legalpediaonline.com/zenith-bank-plc-v-chief-sunday-edeh-anor/
