“His lordship continues in the judgment in defining what will constitute a person with interest as follows:
“The determinants of the term person having interest in the matter as used in Section 243(1) (a) of the Constitution has consistently been pronounced upon in many cases decided by both the Supreme Court and this Court. One of such cases is that ofEnyibros Foods Processing Company Ltd V. N.D.I.C. [2007] All FWLR (Pt. 367) 793. In the case, the Supreme Court amongst others, held to the effect that the test to determine a party or person interested as envisaged under Section 243(1)(a) of the Constitution is whether the person or party could have been joined as a party to the suit. That a person interested includes a person affected or likely to be affected or aggrieved or likely to be aggrieved by the proceedings. See also the case of Societe Generale Bank Nigeria Ltd. V. Afekoro (1999) LPELR 3082 (SC) wherein the Supreme Court in dwelling on what is required of a person or party seeking leave to appeal as a party interested amongst others said to the effect that on the authorities, the expression “person having interest” is synonymous with “person aggrieved”. That a person aggrieved is a person who has suffered a legal grievance, a person against whom a decision has been given which has deprived him of something or refused him something or affected his right or title to something.”
Similarly, in Okonkwo & Anor vs. UBA Plc (2011) 16 NWLR (pt 1274) 614, the apex court held:
“Where a party who was not a party in the Court below seeks to appeal to this Court, he can only do so if he seeks and obtains leave from this Court, and he would obtain leave if and only if he is able to satisfy this Court that he is an interested party. An appellant is a person appealing from a decision or applying for leave to appeal. Section 243 (a) of the Constitution makes leave a mandatory pre-condition that must be sought and obtained before an interested party can appeal. An applicant filing an appeal without satisfying or fulfilling that pre-condition is merely wasting his time.” by PER E. TOBI,J.C.A in the case of
