the interim where the rights are infringed upon in accordance with the principles of law recognised in municipal systems, and jurisprudence of the Court. Applying the above authority by the application of Article 38 (1) (c) and (d) of the said Statute and upon the examination of the provision of Section 36 of the 1999 Constitution of the Federal Republic of Nigeria - the municipal law wherein it granted protection to the Right to fair hearing to an individual and so on. The authorities relied upon by Counsel for the parties include, the ATTORNEY GENERAL AND 2 ORS V.P.L. AAIDEYAN 1989 4 N.W.L.R PART 118 PAGE 646 AT 666; wherein the doctrine of fair hearing was adumbrated therein. 32. Appealing against the decision of the National Court of Member States does not form part of the powers of the Court; the distinctive feature of the Community legal order of ECOWAS is that it sets forth a judicial monism of first and last resort in Community law. And, if the obligation to implement the decision of the Community Court of Justice lies with the national courts of Member States, the kind of relationship existing between the Community Court and these national courts of Member States are not of a vertical nature between the Community and the Member States, but demands an integrated Community legal order. The ECOWAS Court of Justice is not a Court of Appeal or a Court of cassation. 33. From all the pleas in law invoked by the Applicant, i.e. regarding the Court entertaining matters dealing with electoral disputes or the violation of his right in having his election annulled; and furthermore, as to the orders being sought against the execution of the Judgment already made by the Federal Appeal Court of the Member State of Nigeria - the Court is incompetent. Concerning the Voluntary Application for Intervention 34. The Intervener asserts that he requested to be joined to the proceeding before the present Court, as a Defendant, on the basis of the principle that he had an interest in the case. In procedural law, having an interest in a case consists of the advantage the Applicant derives from the recognition that the Judge gives to the legitimacy of his claim; the Supplementary Protocol of the ECOWAS Court of Justice also states this principle when in Article 10 (c) and (d) it provides that "Individual and cooperate bodies ... may appear before the Court"; In general, "interest in an action" is appreciated with reference to the orders sought in the applications of an Intervener possessing an interest in the resolution of the dispute submitted to the court, and when these orders have no other purpose than to support or reject the order by another party" >TH SESSION 13 JULY, 1994. 35. In the instant case, the Intervener has sufficient interest in the Application of the Plaintiff, and his interest in the outcome of the dispute appears certain. This is because validating the Applicant's election, if sanctioned by an Order, results ipso facto in the invalidation of the election of the intervener's election. The interest manifested by the Intervener resides in the outcome of the suit. 36. In the present case, and according to the principle that the subsidiary follows from the principal; or still, according to the relationship of cause and effect, the Principal Application communicates its condition to the Intervener's application. Consequently, since the Court does not have the jurisdiction to consider the Principal Application, the Intervener's Application must fail. Decision of the Court 37. The Community Court of Justice, in applying the legal provisions mentioned above; 38. In adjudicating in a public hearing, after all the parties have been duly heard, in the first and last resorts; Inform 38. The Court Declares itself incompetent to adjudicate on the principal Application of Jerry Ugokwe. 40. Consequently, the Court dismisses the Application for Joinder of Dr. Christian Okeke and all other similar Applications. 41. The Parties shall bear the costs. 7