The facts giving rise to the instant application are not at all in dispute between the parties having regard to the affidavits in support of the application with the exhibits and the counter affidavits of the Respondents opposing the application. The law is well settled that for an Applicant to be entitled to be granted the relief of leave to appeal as person having interest in the matter as prescribed under Section 233(5) of the 1999 Constitution, that Applicant must show not only that he is a person having interest in the matter but also that the order or judgment of the Court below he is seeking leave to appeal against prejudicially affects his interest. In otherwords to succeed in this application, the Applicants must show that they are persons who are aggrieved; who have suffered legal grievances; against whom decisions have been pronounced which have wrongfully deprived them of something or wrongly refused them something or wrongly affected their title to something. In short the Applicants must be persons whose interest has been prejudicially affected by the decision they are seeking leave to appeal against. See Ubagu v. Okachi (1964) 1 All N.L.R. 36; Sun Insurance Office Ltd. v. Ojemuyiwa (1965) 1 All N.L.R. 1; Jarmakani Transport Ltd. v. Kallo (1965) 1 N.M.L.R.194 and Maja v. Johnson 13 WACA. 194 which were decided under the provisions of Section 117(6)(a.) of the 1963 Constitution which are in pari-materia with the provisions of Section 213(5) of the 1979 Constitution and now Section 233(5) of the 1999 Constitution on the definition of the words - "person having interest in the matter." The facts and circumstances of each case determines whether or not the requirement of the Constitution had been satisfied to justify granting the Application for leave to appeal by person having interest in the matter.

The question to be answered is whether or not the Applicants have shown on the materials brought in support of their application that they are persons whose interest has been prejudicially affected by the decision of the trial Federal High Court Abuja delivered on 23rd February, 2011 and affirmed by the Court of Appeal Abuja Division in its judgment handed down on 15th April, 2011 which the Applicants are now seeking leave to appeal against. To answer this question I shall simply rely on the undisputed facts averred in support of the application and in opposing the application as presented to this Court by the parties and the judgments of the two Courts below which are the subject of the application.