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By FEMI ADESINATwice on Wednesday, President Muhammadu Buhari displayed an uncommon generosity of spirit. We had set forth at dawn, shortly before 5 a.m, to visit the presidential campaign office in Central Area of Abuja. The purpose was for the President to read his victory speech, having been pronounced winner of the February 23 election by Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC).
This portion resonated loudly in the speech, and was widely applauded by the All Progressives Congress (APC) stalwarts in attendance: I will like to make a special appeal to my supporters not to gloat or humiliate the opposition. Victory is enough reward for your efforts.
Holy Moses!
Was the President telling his supporters not to stick out their tongues in derision, to mock those who had fought a bitter, if not acrimonious electoral war? Is all not fair in love and war again? Surely, the millions of Buhari supporters were raring to do the Dino Melaye stuff, open their eyes to the widest, and say , or , to those who just lost the election. But the President said; no, please dont do it. They are your brothers and sisters.
So dissatisfied with the instruction was one of the Presidents greatest online supporters, that she was ready to start a rebellion on Facebook. Jewel Ifunnaya is a dyed-in-the-wool Buharist. She loves the President to the marrows, and proclaims it from the rooftops anytime. But on Wednesday morning, she was almost embarking on civil disobedience. She kicked like a wild horse, querying why the President must tell her not to gloat, when she was ready to embark on a gloating party against the Atikulators (as the online supporters of Alhaji Atiku Abubakar, the greatest challenger in the presidential election, are called). I read the protest by Jewel, and appealed to her to respect the wishes of our principal. She then agreed.
Again on Wednesday, President Buhari showed that he meant what he said. By 2 p.m, he was at the International Conference Centre, in Abuja, to receive his Certificate of Return, from INEC. Hear the President in his speech again: Now that the elections are over, and a winner declared, we must all see it as a victory for Nigeria, our dear country. That was why I encouraged my teeming supporters, in a speech I read earlier today, not to gloat. Our God-given victory is enough cause for joy, without deriding those who were in the opposition. All Nigerians, going forward, must stand in brotherhood, for a bright and fulfilling future.
Our God-given victory is enough cause for joy, without deriding those who were in the opposition. All Nigerians, going forward, must stand in brotherhood, for a bright and fulfilling future.Buhari
Jumping Jehoshaphat! What generosity of spirit from the President. This was time to preen like the peacock, swagger like a man of war just returning from battle, hunch up your shoulders in pride, and tell the members of opposition to hug the nearest electricity transformer, if they were not happy. But President Buhari chose to play the true father. What an enduring lesson. I know one of his predecessors in office, who would never have done that. When that man was president, and he won re-election despite the fact that university lecturers had been on strike for many months, he came out after the polls to say he had broken the back of ASUU (Academic Staff Union of Universities) irredeemably. That same predecessor was publicly opposed to President Buhari running for a second term in office, and had engaged in a campaign of calumny both locally and internationally for more than a year, and if he had been the one who won at the polls, gloating would have been endless. But our political hero said: dont gloat.
This reminds me of a story Id told in a piece I did in 2017, when President Buhari just came from medical vacation. Permit me to repeat the story, as it is quite germane.
In 1998, when the country was groaning under the jackboot of Gen. Sani Abacha, I was deputy editor of National Concord, a newspaper owned by Bashorun Moshood Abiola, who Abacha held in military gulag for five years. Abiolas offence was that he sought the actualisation of a mandate freely given to him by 14 million Nigerians to be president in an election held on June 12, 1993. Gen Ibrahim Babangida, then military dictator, had annulled the result without explanation.
One bright June afternoon, news wafted out that Abacha was dead. It turned out to be true. Every newspaper house was buzzing with activities, seeking to be the one to report the news with best perspectives the following day. My editor, Dele Alake (later, Commissioner for Information and Strategy in Lagos for eight years) was away, and the lot fell on me to edit the newspaper. I relocated from my office upstairs, to the compugraphy room on the ground floor, where I could treat the stories faster. It was not yet the era of computer then.
Dr Doyin Abiola was Managing Director/Editor-in-Chief of Concord Press. She was wife to the detained president-elect. On her way home about 7 p.m, she stopped over in the compugraphy room to see me. And what did she say? Editor, please in your treatment of the story, dont gloat!
If anyone would gloat that Gen Abacha was dead, should it not be an Abiola? But my boss said: Dont gloat!. And I learnt an eternal lesson about generosity of spirit towards even those who have treated you spitefully and disdainfully. Never gloat if anything untoward happens to them, or you come into a better station in life than them.
See how the principalities and powers of Nigeria had arrayed themselves against President Buhari. Some former military rulers and leaders turned themselves into an evil confederacy, acting as if they owned Nigeria. They had always determined who aspired to certain offices in the country, and who should not. They had held the country by the jugular for ages, almost asphyxiating her. But this time, they met their match. The President looked at them straight in the face when they told him not to seek a second term, and told them to pick one: get lost, or go to hell. They chose not to pick any, but rather turned themselves into an opposition force. Formidable they were, but not with a man that had the true army behind him. The ordinary people. So, last Saturday, President Buhari and his peculiar army gave the opposition a bloody nose.
The retired generals were not alone. They recruited pliant members of the international community, who had their eyes on a slice of the Nigerian economy, which Atiku had vowed to run along Western principles. Thank God for China, which charted a separate course, saying Nigeria should be left alone to resolve her internal matters without interference.
Also with Atiku were many questionable characters, who had questions to answer on what they did to the public treasury, when they had access to it. Nigeria would simply have been done for, if they had regained the levers of power again.
The ordinary people fought valiantly behind Buhari. And the impending army of occupation was worsted. Given a drubbing. Yet, no gloating? Very noble.
On Wednesday last week, during the Federal Executive Council (FEC) meeting, the President had told members about millions of dollars seized by security agencies at the various entry points into the country: air, land, sea, all towards compromising and manipulating the election. They wanted to buy each and every electorate, and possibly the electoral officers. But the plans were thwarted. The President also told of a more sinister stratagem they had, which Ill rather keep close to my chest for now. Desperate people. All due to lust for power. Bashorun Abiola used to say you dont urinate inside a well you would later fetch drinking water from. These ones not only urinated, they also did the big job inside the well. But God proved greater.
Yet, dont gloat? Strange and curious. Human dictum is an eye for an eye. You dont brook principalities and powers. Rather, you take the battle to them, and cast them out into the dry desert places. But President Buhari now says an eye for an eye makes the whole world go blind. They dont seem to make them like this older and less ruthless Buhari anymore. We continue to learn. Sai Baba!
Source: NAN
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A former governor of Oyo State, Adebayo Alao-Akala, has confirmed that he has asked his supporters in Oyo State to work for the success of Adebayo Adelabu, governorship candidate of the All Progressives Congress (APC) in next weeks election.Akala is the governorship candidate of the Action Democratic Party (ADP) in the state, but has now jettisoned his ambition.
I remain in ADP and all our candidates for the House of Assembly seats will stand in the March 9 elections,on the platform of the ADP,with my full support but I will work for the victory of Bayo Adelabu, he told reporters in Ibadan on Friday, confirming earlier reports that he was supporting the APC candidate.
He explained that his alliance with APC was based on the partys belief that the ADP could perform optimally,and maintaina strong grassroots network not only in Ogbomoso but also in Ibadan, Ibarapa, Oke-Ogun and Oyo.
Our core values and philosophies as indicated in our ADP manifesto, Rescue Mission Agendahasbeen adopted by Bayo Adelabu with the Presidency as witness. I have,therefore,as a candidate of ADP, accepted to support Adelabu of APC for victory and therefore form a coalition government.
My solemn gratitude goes to our members, state and national leaders of the ADP,for the ample opportunity given to me to lead and fly the flag of the party. Though my decision is a very tough one, it is for the progress of Oyo State.
Alao-Akala said his decision following the outcome of the just concluded presidential and National Assembly elections was based on the outcome of some incidents.
It is widely known, that, I initiated alliance talks with the main opposition parties in Oyo State vis-a-vis my great party,the Action Democratic Party (ADP), the African Democratic Congress (ADC), the Peoples Democratic Party (PDP) and the Zenith Labour Party (ZLP) with my boss, the former governor of Oyo State and Osi Olubadan, Senator Rashid Adewolu Ladoja as mediator.
Meanwhile, during the alliance process, I received an emergency call from the Presidency. In the meeting with Presidency, I was prevailed upon to work for APC. My response was that I should be given 48hoursto consult with my people, the opposition partiesalliance committee as well as the teeming members, leaders and the stakeholders of my great party, ADP.
On resumption of the alliance meeting, my boss,(High Chief Rashid Adewolu Ladoja),told me point blank in the presence of other governorship candidates,that I was not in consideration for governorship due to my place of birth Ogbomoso. According to him, We need an Ibadan man to slug it out with another Ibadan man, which is Bayo Adelabu.With the statement, my geographical place of birth is the only crime I committed.
Since Ive been unfairly and technically booted out of the alliance talks, I consulted with my party stakeholders and supporters whose support have brought me this far. Having realised that my 2019 governorship agenda cannot be realised in isolation based on the present situation, the only option remaining for me is to form an alliance with Mr. Bayo Adelabu of APC.
I, Otunba Christopher Adebayo Alao-Akala,the Oyo State 2019 Action Democratic Party (ADP), have decided to form an alliance with the governorship candidate of the All Progressives Congress (APC), Mr. Adebayo Adekola Adelabu,ahead of the March 9 Governorship and State House of Assembly Elections in the state. However, all the ADP candidates for the House of Assembly seats will go to the elections with my maximum support.
Akala defected to the APC last year,only to join ADP,a few months back.
*Reported by The Nation
Source: NAN
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By Emmanuel Oloniruha
The Northern Elders Forum, known as Kungiyar Dattawan Arewa Initiative (KDAI), has congratulated President Muhammadu Buhari, on his resounding victory in the Feb. 23 presidential election.
They described the spread of President Buharis votes as vote confidence in his ability to deliver on promises made to the electorate.
The KDAI stated this in a joint statement by its Convener, Gen. Paul Tarfa and the Deputy Convener, Mr Sani Daura, on Friday in Abuja.
The association said that the election, which was generally adjudged to be free, fair and peaceful, marked a significant milestone in Nigerias democratic journey which started in 1999.
Its outcome in terms of majority votes and national spread is the first of its kind in the political history of Nigeria.
The national spread across the regions, parties, religion and tribe is far in excess of the mandatory constitutional requirement of the two-third of the votes cast in all states and the FCT.
This is a clear vote confidence in Mr President and his ability to deliver on promises made to the electorate, be it the economy, unflinching fight against graft and security, among others.
It acknowledged with satisfaction, the African Union and Global communitys recognition of Buharis tireless efforts towards making Nigeria politically stable, socially harmonious, and economically developed nation, thereby earning the nation the much-needed respect in the comity of nations.
Tha association said it was in view of the achievements inter that the Nigerian voters, mostly the masses, came out in their millions to endorse Buhari.
It said this was in spite of circles of endorsements, elites gang-up, spread of fake news, and social media propaganda.
It expressed optimism that Buhari would use his re-election to steer the ship of the nation to the next level where poverty and lack of critical infrastructure for development would be a thing of the past.
While also congratulating the opposition parties on a well contested elections, it called on all the stakeholders in the Nigerian Project to accept defeat in good faith in the spirit of politics without bitterness.
He also urged them to join hands with Mr President who was magnanimous in victory, for an inclusive government where all talents would be tapped, to address recently evolving challenges of education, insecurity and drug addiction in the youths
While commending Nigerian voters for electing Buhari, it urged the President to remain focused in his determined commitment to uplift the nation to the next level of achievements.(NAN)
Source: NAN
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By Emmanuel OloniruhaThe National Chairman of the Peoples Democratic Party (PDP), Mr Uche Secondus, has expressed confidence that the court would overturn the victory of President Muhsmmadu Buhari.
He, therefore, warned that nobody would stop the party from contesting the outcome of the Feb. 23 Presidential Election in the court.
Secondus told journalists on Friday in Abuja that the party believed that justice would be done at the court.
We will go to court. Nobody will stop us from going to court and bring out all of the facts both the international observers and some people have not seen.
We will unearth them at the court and I believe that justice will be done at the court.
Because, if we continue to suppress injustice and go sentimental, the country will continue to pile on gun powder that will explode one day.
So much injustice has been done in this country and if we allow it and it continues to pile, nobody knows what will happen.
So, thats why we decided as good citizens and law-abiding and people who believe in rule of law that we will go, Secondus said.
Speaking on the recent meeting the party and its presidential candidate, Atiku Abubakar, had with the National Peace Committee, Secondus said there was no condiction given to the party, as they were only invited to state their grievances.
There was no condition. Initially, we were not to talk with them because a decision had been taken to go to court, but because of the personalities involved, we said ok, lets just talk.
There was no condition. There was no request of any condition.
We made it clear that unless the injustices are addressed, there is no room for peace. It is only when you address the injustice that you can now sit down for peace, he said.
Secondus also spoke on the alleged militarisation of the elections particularly in the South South and South East.
He said it was one of the strategies the rulling party used in denying PDP victory.
He added the development was also responsible for alleged killing of innocent electorate and suppression of voters who were either scared out or chased away from polling units.
He said that even by the Independent National Electoral Commission ( INEC) own record voter turnout in last Saturdays election fell to about 36 per cent from 44 per cent it was in 2015.
While the military was suppressing voters in PDP strong hold areas in the South, a different abracadabra was going on in some northern states particularly in Kano, Yobe, Borno and Zamfara states where numbers refuse to add up.
In Borno, Yobe and Zamfara states, confirmed report shows that there was non-compliance in the use of Smart card reader as approved by INEC rules.
He added that The same applies to cancelled votes, in Nasarawa states over 115,000votes cancelled, Kogi 79,000 votes, Plateau 30,000 votes indicating that these high incidence of vote cancellation were designed to suppress the margin of victory in PDP strongholds.
Secondus urged PDP members and supporters across the country not to despair but to remain steadfast and focused.
Like our presidential candidate assured, we shall triumph at the end because democracy has come to stay in this country and is staying by the grace of God.
I also wish to reiterate to our security agencies particularly the Army that they are not at war with any section of her citizens and they must try to be professional in their duties by staying away from election matters as directed by the Supreme Court of the land.
Highlight of the press conference include one minute silence for Nigerians who lost their lives on the election day and in the course of celebrating the outcome. (NAN)
Source: NAN
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The Accord Party insisted that Dumo Lulu-Briggs is its governorship candidate in Rivers state and rejected the court-imposed candidacy of a former Chairman of the party, Mr Precious Barido.
The National Chairman of the party, Mr Muhammed Nalado, made the partys position known, while briefing newsmen, on Friday in Abuja.
Mr Barido never indicated interest in contesting for the governorship position; neither did he participate in the party primary.
The party never at any time submitted his name or particulars to the Independent National Electoral Commission (INEC) as our candidate.
The party duly submitted the name of Chief Dumo Lulu-Briggs as its candidate.
We affirm that Chief Dumo Lulu-Briggs remains our validly nominated candidate, Nalado said.
Nalado alleged that Barido was an impostor working in collusion with the Peoples Democratic Party (PDP) and its gubernatorial candidate in Rivers.
He insisted that Lulu-Briggs was the rightful candidate of the Accord Party, having met all the necessary requirements of the party and the INEC to contest for the 2019 gubernatorial election in the state.
According to him, the party has appealed the judgment, asking for stay of status quo, which recognises Lulu-Briggs as the duly nominated candidate for the governorship election in Rivers.
The National Chairman of the party, however, called for peaceful conduct of the Governorship and State Houses of Assembly elections.
He also called for minimal involvement of the military in the process.
Source: NAN
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Former military president of Nigeria, Gen.Ibrahim Babangida, has sent a message of congratulations to President Muhammadu Buhari on his reelection for a fresh term of four years.
In a long message that dredged some of the issues that triggered some disagreement between the two leaders last year, Babangida asked Buhari not only to heal wounds from the election, but also to restructure the country and introduce creative measures to tackle the economy.
The former military leader called restructuring agitators, reasonable Nigerians.
The President may wish to heed to the yearnings of reasonable Nigerians for restructuring and seek all constitutional means to devolve some powers presently exercised by the Federal Government to the other tiers of government, he said.
Babangida also asked Buhari to heal the wounds arising from the electioneering campaign and the outcome.
The newly elected president should heal the wounds of the heated campaign exchanges by embracing those who contested alongside with him.
The President must resist the temptation to see them as enemies; not even opponents, but fellow compatriots who merely disagreed with him on how best to move our country forward.
He also reserved special praises for Atiku Abubakar, Buharis main challenger, decorating him with several adjectives, such as being dogged, gallant, audacious and his electoral support cutting across ethnic ethnic, religious and regional lines.
However, Atikus winning votes across all lines of divide was not peculiar as Buhari even outperformed him, winning at least 25 per cent in 34 states and FCT and outrightly winning 19 of the 36 states.
Atiku led in the traditional PDP states of South South and South East but struggled to win his home state of Adamawa. He also won narrowly in Ondo, Oyo, Benue, Plateau, Taraba states. He trailed Buhari in most of the North West and North East states, and failed to make 25 per cent cut in Kano, Kebbi, Zamfara, Borno, Katsina, and Yobe. He also lost to Buhari in Lagos, Ogun, Osun, Kwara, Nasarawa, Kwara, Ekiti, Kogi, Gombe, Kaduna, Niger, Sokoto, Jigawa and Kaduna.
The 2019 Presidential and National Assembly elections have come and gone. These elections have produced a new president elect and new elected members of the Senate and House of Representatives.
I congratulate the Nigerian electorate who conducted themselves peacefully during the voting process; they were enthusiastic to exercise their democratic rights of electing candidates of their choice. Sadly, due to violence in some part of the country, lives were lost and I would like to extend my heartfelt condolences to their families for the death of their loved ones.
I wish to congratulate President Muhammadu Buhari GCFR on his re-election to lead Nigeria in the next four years. I have observed that, the electioneering campaign was very strenuous and the contest very keen. That despite the turbulent terrain of politics, the President submitted and subjected himself to this process. Indeed is a clear testimony that he believes in the democratic process and ideals.
The newly elected president should heal the wounds of the heated campaign exchanges by embracing those who contested alongside with him. The President must resist the temptation to see them as enemies; not even opponents, but fellow compatriots who merely disagreed with him on how best to move our country forward.
Now that the President has won his re-election bid, he should confront with renewed vigour the most urgent problem confronting Nigeria: insecurity of lives and property. The Boko Haram insurgency remains a threat to many Nigerians particularly in the North East sub region, while the twin evils of kidnapping and armed robbery/armed banditry remain a major national menace. The president must pay priority attention to these security issues.
The economy of the country must also occupy the presidents urgent attention. There is the need to be more creative in formulating policies that will improve the nations economy, create employment opportunities and give hope to our teaming youths.
The President may wish to heed to the yearnings of reasonable Nigerians for restructuring and seek all constitutional means to devolve some powers presently exercised by the Federal Government to the other tiers of government.
Let me commend and convey my admiration to the other contestants for the office of president.
I was particularly impressed with the gallant and audacious spirit of the main challenger in the presidential race, former Vice President Atiku Abubakar GCON. I was not surprised that even though he lost the most exotic position of the land, his doggedness and pattern of support cut across ethnic, religious and regional lines that earned him the second position of the last Presidential election.
I call on the former Vice President Atiku Abubakar to close ranks and work with the winner of the election in an objective and constructive manner so that democracy will continue to thrive in our country at this crucial period of renaissance.
I urged him also to endeavour and prevail on his admirers to eschew bitterness and violence. They must be prevailed upon to understand that politics is a game in which there must be only one winner.
I pray that the Almighty Allah will continue to guide our democratic steps for peace and progress in our country.
General Ibrahim B Babangida GCFR
Former Military President,
Federal Republic of Nigeria.
2nd March 2019.Source: NAN
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adminposted in Legal System • read more
Why are parties to an action important?
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Whatever judgement the court gives must be binding on the parties in court.
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If the proper parties are not before the court, the matter will be struck out.
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The time of the court and that of the client will be wasted and costs will be borne.
Capacity to sue and be sued
In any cause of action, after determining the nature of action, jurisdiction of court and proper advice on ADR mechanism, the next thought should be the likely parties to an action. Parties to an action is important because a court can only resolve a dispute if the right parties are before it. Once relevance of parties is not determined, it goes to the root of the matter. Again, any claim if successful must be against another party and such party must be the person who claims can be recovered from. There are usually two parties in a civil action, the party who is claiming and the party who is being claimed against.
A party cannot be both plaintiff and defendant in the same action at the same time. See UDE v. NWANGWU (1995) 9 SCNJ 41.
Who can sue and be sued
For the action to be competent, both parties must be legal persons (whether natural or juristic). If the competence of the plaintiff/claimant is challenged, the onus is on him to establish his competence as lack of competence on the part of the plaintiff/claimant will lead to the action being struck out. In SHITTA & ORS v. LIGALI & ORS the plaintiffs described themselves as ‘the executive community of the central mosque, Lagos and the court held that the committee had no capacity to sue. However in Adegbite & ors v Lawal & ors, the plaintiffs sued ‘for themselves and on behalf of the Muslim community of Ijebu-Ode central mosque and the court held that they were natural persons.-
Thus, non-existent persons cannot sue or be sued. If the defendant is not a legal person, the matter will be struck out for it is incompetent. See AGBOMAGBE BANK v. GENERAL MANAGER, G.B. Ollivant. .However, by Order 13 r 5 Lagos (no provision in Abuja), where an action has been instituted against a wrong defendant or where the name of the defendant has been incorrectly stated, a judge may upon application, order a substitution or addition of any person as defendant or correction of any such name on such terms as may be just.
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However, in the case of a misnomer, the position of the law is that upon an application, the writ and other court process will be amended to bear the correct name.
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OKECHUKWU & SONS v. NDAH. By Order 10 r 2 Abuja and Order 13 r 2 Lagos, where an action was commenced in the name of a wrong person as plaintiff/claimant or where it is doubtful whether it was commenced in the name of the right plaintiff/claimant, a court or judge in chambers (for Abuja) or a Judge (for Lagos), may order the substitution or addition of any other person as plaintiff/claimant on such terms as may be just.. In Abuja, before making the order, the court or judge in chambers must be satisfied that it was as a result of a bona fide mistake and that the order is necessary for the determination of the real matter in dispute. See also SO SAFE TABLE WATER TECHNOLOGIES LTD V AYINOLUWA.
Effect of failure to include a person who ought to be made a party is that he will not be bound by the decision in that suit. See OKOMU OIL PALM v. ISERHIENHEN
Types of parties
There are different types of parties to a civil action
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PROPER PARTIES: A proper party has no interest in the case, but he is joined because of the particular role he played which led to the cause of action. The judgement of the court will not affect him.. See GREEN v. GREEN (1987) 3 NWLR (Pt. 61) 480.
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NECESSARY PARTIES: These are persons who are interested in subject matter and in whose absence, the proceeding cannot be fairly dealt with. See GREEN v. GREEN (1987) 3 NWLR (Pt. 61) 480. Thus, a necessary party is a party whose presence is necessary for the just, effectual and complete determination of all the issues in the action. See COL. HASSAN YAKUBU (RTD) v. GOVERNOR, KOGI STATE & ORS (1995) 9 SCNJ 122; Peenok Investment Ltd v. Hotel Presidential; UNION BEVERAGES LTD v. PEPSI COLA INTL LTD. When an agent acts on behalf of a disclosed principal, the PRINCIPAL is a necessary party. In all actions, necessary parties are used except where the law specifies a nominal party.
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DESIRABLE PARTIES: A desirable party is one who is not originally a party to the action nor whose presence is necessary for the just, effectual and complete determination of the action, but nevertheless, needs to be a party so that he will be bound by the decision in the case since the decision may directly affect him. See GREEN v. GREEN (1987) 3 NWLR (Pt. 61) 480; COL. HASSAN YAKUBU (RTD) v. GOVERNOR, KOGI STATE & ORS (1995) 9 SCNJ 122. Note that the AGENT of a disclosed principal is a desirable party. Peenok investment v Hotel Presidential.
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NOMINAL PARTIES: these are parties who are not really involved in the set of facts constituting the cause of action, but are made parties to the suit by virtue of the office they hold or occupy. See PADAWA v. JATAU (2003) 5 NWLR (Pt. 813) 249. For example, in actions involving the federal government or the government of a state, the AG of the federation or of the state respectively is the nominal party, see section 20 Supreme Court Act; in actions involving the House of Assembly of a State, the nominal party is the Speaker of the House, see section 3 of SC (AOJ) Act Cap S16 LFN 2004; in an action for passing off, the CAC is a nominal party; in Magistrate Courts, the Commissioner of Police is a nominal party for the state.
However in a case where the principal parties sue or are sued instead of the nominal parties, it would only amount to an irregularity. See PLATEAU STATE v. AG FEDERATION (2006) 3 NWLR (Pt. 967) 346
Reconciling locus standi with constitution of parties to an action.
The concept of locus standi is that only a person who has interest in a subject matter is competent to bring an action. A busy body cannot institute an action. Locus standi is only relevant to a plaintiff thus a plaintiff – person claiming must have interest in the subject matter of the suit.
How parties are designated
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Writs of summons – Plaintiff (but called Claimant in Lagos)/Defendant
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Originating summons – Plaintiff (or Claimant)/Respondent
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Petition – Petitioner/Respondent
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Originating motions-Applicant/respondent
The same person can be both a plaintiff and defendant (in case of counter-claim) in the same matter; also an applicant and respondent. Parties are usually set out after the heading of the court, suit number.
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As congratulatory messages poured in for President Muhammadu Buhari over his re-election, former President Olusegun Obasanjo has kept disquietingly mum.
Telephone calls made to Obasanjos Media Aide, Mr Kehinde Akinyemi, by the correspondent of the News Agency of Nigeria (NAN) were not picked while text messages sent to him for Obasanjos reaction were neither acknowledged nor replied.
Obasanjo slumped into quiet mode since February 23, after voting in Abeokuta and advising winners in the election to show magnanimity in victory, saying losers should also accept defeat.
In any competition, there will always be winners and losers. That is what anybody in any competition must be prepared for as a good sportsman. Whoever that wins should show magnanimity. If I lose, I will also bow down graciously. That is what any competition is all about.
If your purpose of going for any competition is that you must win at all costs, then that is no longer a competition. I know INEC will make amends for the shortcomings ahead of the next elections.
After failing to deliver his polling unit in Abeokuta to Atiku Abubakar, candidate of the Peoples Democratic Party that he staked so much upon, including risking Gods wrath, Obasanjo has not been seen in public.
He had hoped his endorsement would enable Atiku defeat Buhari.
He also tried to create a third force and a coalition of groups to dethrone Buhari, but none showed any promise until he embraced Atiku.
The Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, in the early hours of Wednesday declared Buhari winner of the Saturdays presidential polls. He polled 15,191,847 votes to defeat Atiku, his closest rival who scored 11,262,978 votes.
Prominent and well-meaning Nigerians as well as international leaders have since been congratulating Buhari over his victory in the election, widely adjudged as peaceful and credible.
But former President Obasanjo, who believes he could swing election to any aspirant has noticeably kept off the public radar, holed in his expansive home on the hilltop in Abeokuta, the Ogun capital.
Obasanjo, was quite vocal in the build-up to the election and campaigned against Buharis re-election with a series of caustic and malicious letters.
Then in an amazing and absurd turn, he endorsed Atiku Abubakar, the presidential candidate of the PDP, whom he had once accused and condemned over corruption claims.
He had told Nigerians that God would not forgive him (Obasanjo) if he ever supported Atiku to be president.
But for all Obasanjos vitriol against Buhari, the presidency repeatedly asked Nigerians to ignore Obasanjo, saying Buharis performance in office would earn him re-election.
Source: NAN
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President Muhammadu Buhari has continued to receive congratulatory messages over his re-election from more African leaders and the United Kingdom.
Mallam Garba Shehu, Presidents spokesman in a statement in Abuja on Wednesday, said, King Mohammed VI of the Kingdom of Morocco, in a message, described President Buharis victory as an affirmation of the level of confidence Nigerians have in their President.
The King promised to work with President Buhari to advance the interests of both countries.
Your re-election is a testimony to the level of confidence that you enjoy among the people of Nigeria, attributable to your wisdom, experience in politics, sense of engagement and devotion to the service and the protection of the interests of the country especially as they relate to the prosperity, wellbeing and security of your people. King Mohammed VI said in his congratulatory message.
The monarch expressed satisfaction with the existing cordial and fraternal African relationship linking the two leaders, their people, and nations.
He reiterated his determination to work in concert with President Buhari to reinforce the mutually beneficial relationship between Morocco and Nigeria and to give it a new impetus to serve as a model on the African continent.
Also, President Alpha Conde of Guinea described the re-election of President Buhari as a dose of hope for the West African region.
Conde expressed confidence that the cordial relations between Nigeria and Guinea would continue to get better.
President Mahamadou Issoufou of Niger, who was the first leader to call President Buhari minutes after the Independent National Electoral Commission (INEC) declared him the winner of the 2019 presidential elections, said he looked forward to working with the Nigerian leader to further strengthen Nigeria-Niger relations.
Buhari has also received congratulatory messages from Presidents Nana Kofi-Addo of Ghana and Macky Sall of Senegal.
The UK Government has also congratulated President Muhammadu Buhari on securing a second term as president.
A statement from the British High Commission in Abuja on Wednesday, quoted the Minister of State for Africa, Harriett Baldwin, as saying I offer my congratulations to President Buhari on securing a second term as the Nigerian President.
The UK is a long-standing friend and partner of Nigeria and the Nigerian people and a stable and prosperous Nigeria benefits Africa and the world.
Baldwin commended Nigerians for their resilience and commitment to democracy.
She said the results declared by the Independent National Electoral Commission (INEC) were consistent with the results obtained through the civil society Parallel Vote Tabulation process.
Along with our international partners, the UK believes the Nigerian people can have confidence in the result.
She, however, recognised the concerns expressed by Nigerians on the conduct of the electoral process, in particular logistics and results collation, and reports of intimidation of electoral officers.
The minister urged any party or individual who wished to challenge the process to do so peacefully and through the appropriate legal channel.
We encourage Nigerian authorities to examine all allegations of wrongdoing carefully, and take the necessary action against individuals found responsible.
She also condoled with the families and friends of those who lost their lives in election-related violence.
No one should die in the exercise of their democratic rights, she stated.
She reiterated the continued support of the UK Government to Nigeria and its civil society in drawing lessons from these elections and strengthening its democracy.
The News Agency of Nigeria (NAN) recalls that the Independent National Electoral Commission (INEC) on Wednesday declared President Buhari the winner of the 2019 Presidential Elections.
Source: NAN
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The United `kingdom Government has confirmed that the results of the presidential election as released by the Independent National Electoral Commission(INEC) were authentic.British Minister of State for Africa, Harriet Baldwin said the results were consistent with the results obtained through the civil society Parallel Vote Tabulation process.
Along with our international partners, the UK believes the Nigerian people can have confidence in the result, she said.
INEC Chairman Mahmood Yakubu early Wednesday morning declared President Muhammadu Buhari as the winner of the 23 February election, with 15,191,847 votes. His main challenger Atiku Abubakar of the Peoples Democratic Party scored 11, 262,978 votes.
But the PDP agent at the collation centre declined to sign the results and later Atiku also rejected the verdict and said he would challenge it in the court. In a press conference on Wednesday, Atiku ramped up the rejection by raising issues of statistical impossibility about the results in some states of Nigeria.
The statement by the British minister was the first authentication of INEC result.
Baldwin congratulated President Muhammadu Buhari on securing a second term as president.
I offer my congratulations to President Buhari on securing a second term as the Nigerian President, she said in a statement released by the British High Commission in Abuja.
The UK is a long-standing friend and partner of Nigeria and the Nigerian people and a stable and prosperous Nigeria benefits Africa and the world.
Baldwin commended Nigerians for their resilience and commitment to democracy.
She, however, recognised the concerns expressed by Nigerians on the conduct of the electoral process, in particular logistics and results collation, and reports of intimidation of electoral officers.
The minister urged any party or individual who wished to challenge the process to do so peacefully and through the appropriate legal channel.
We encourage Nigerian authorities to examine all allegations of wrongdoing carefully, and take the necessary action against individuals found responsible.
She also condoled with the families and friends of those who lost their lives in election-related violence.
No one should die in the exercise of their democratic rights, she stated.
She reiterated the continued support of the UK Government to Nigeria and its civil society in drawing lessons from these elections and strengthening its democracy.
Source: NAN