The Supreme Court on Tuesday dismissed the joinder application brought by Dr. Umar Ardo, a chieftain of the Peoples Democratic Party, seeking to stop President Goodluck Jonathan from seeking re-election.
Ardo had appealed against the decision of the Court of Appeal, Abuja, which earlier struck out his application to be joined in the suit.
An FCT High Court presided by Justice Mudashiru Oniyangi had dismissed the substantive suit brought by Cyriacus Njoku, another PDP chieftain, challenging Jonathan’s re-election bid.
Njoku had appealed against the lower court’s decision before Ardo applied to be joined as a party in the suit.
The seven-man panel of justices, in a judgment read by Justice Mahmud Mohammed, the Chief Justice of Nigeria, held that Ardo had no business seeking to be joined in the suit.
Mohammed noted that the substantive appeal was still pending before the Court of Appeal and that what was before the apex court was an interlocutory appeal.
He said: “You are appealing against the ruling of the Court of Appeal that refused to join you.
“We cannot sit down here and step into the shoes of the Court of Appeal.
“Withdraw this appeal and allow the Court of Appeal to sit on the substantive appeal.
“You don’t need to be a party in the appeal.
“Nobody would have even prevented you from contesting, if really you are serious with your claims that you are interested.”
The court further held that there was no law stopping Ardo from participating in the recently conducted convention of the party, which was won by President Jonathan.
It said Ardo’s application was an attempt to delay the substantive appeal, adding that the court had no power to sit over an appeal pending at the Court of Appeal.
Mohammed held: “I cannot see the relevance of this appeal anymore.
“Primary election has been concluded, you did not participate in the primary, even if you want to contest it, you cannot because you did not participate in it.
“It is clear you are delaying the substantive appeal.
“The decision of the Court of Appeal is correct.”
The Court of Appeal had struck out the application and held that Ardo was not a party at the lower court, hence he could not be joined at the appeal.
Not satisfied, Ardo again proceeded to the Supreme Court to challenge the decision, which was also dismissed.
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