CORAM
DAHIRU MUSDAPHER, JUSTICE,SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE,SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JUSTICE,SUPREME COURT
JOHN AFOLABI FABIYI , JUSTICE,SUPREME COURT
OLULOLA OYELOLA ADEKEYE, JUSTICE,SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE,SUPREME COURT
PARTIES
HON.MARTIN OKONTA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff/1st Respondent by originating summons commenced this suit in the Federal High Court claiming that he was the nominated candidate of the Peoples Democratic Party to contest as a representative for Ika South Constituency into the Delta State House of Assembly. The Appellant who had already won the election and had been sworn in was not joined as a party to the suit regardless of the fact that reference was being made to him in the originating summons. The trial court granted the reliefs sought by the Plaintiff/1st Respondent. Consequently, the Appellant appealed to the Court of Appeal to be joined as an interested party and the Plaintiff/1st Respondent also cross-appealed. The lower Court raised the issue that the Appellant was not a necessary party to the proceedings at the Federal High Court, in consequence of which it allowed the cross-appeal, affirmed the decision of the trial court and restored the Plaintiff/1stRespondent as the candidate representing the Ika Constituency at the Delta State House of Assembly. Displeased by the decision of the lower court, the Appellant has appealed to the Supreme Court.
HELD
Appeal succeeds.
ISSUES
None
RATIONES DECIDENDI
JURISDICTION OF COURT – A COURT HAS NO JURISDICTION TO MAKE AN ORDER AGAINST A PERSON WHO IS NOT A PARTY TO THE SUIT.
“A court has no jurisdiction to make an order which affects the interest of a person who has not been joined as party.” PER O. O. ADEKEYE, J.S.C.
PROPER PARTIES TO AN ACTION – THE EXISTENCE OF PROPER PARTIES BEFORE A COURT CONFERS JURISDICTION ON THE COURT
“It is trite law that it is only when proper parties are before the court which makes a court competent to adjudicate on the suit.” PER O. O. ADEKEYE, J.S.C.
NECESSARY PARTY – DETERMINATION OF A NECESSARY PARTY
“The fundamental reason which makes it necessary to make a person a party to an action is to make him bound by the result of the action. Therefore in determining who is a necessary party, what to consider is, whether the question in the action cannot be effectually and completely settled unless the person is made a party. Green v. Green (1987) 3 NWLR pt. 61 pg. 480; Awoniyi v. Registered Trustees of Rosicrucian Order Armoc (2000) 10 NWLR pt. 676 pg. 522 at pg. 540.” PER O. O. ADEKEYE, J.S.C.
CASES CITED
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1999.
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