3. WHETHER OR NOT AN EFFECTIVE INVESTIGATION WAS CARRIED
OUT BY THE DEFENDANT ON THE ALLEGED UNLAWFUL KILLING
OF THE DECEASED
4. WHETHER THE PLAINTIFFS ARE ENTITLED TO COMPENSATION.
(1) WHETHER THE 1ST DEFENDANT IS A PROPER PARTY IN THIS
SUIT
The Defendants’ contend that the necessary parties are not before the Court as the
alleged killing of late Ikyase Chia was carried out by the officers of the Nigerian
Police force and neither the Inspector General of Police nor the Nigerian Police force
is made a party in this suit.
Where issues of proper or necessary parties to a suit are raised, it is vital to ascertain
at the earliest stage whether or not the necessary/proper parties are before the court
as the outcome may oust the jurisdiction of the Court.
Necessary parties are those who not only have interest in the matter, but in whose
absence the proceedings cannot be fairly and effectively dealt with. See Green V.
Green (1987) 3 NWLR (Pt. 61) p. 480.
In LSBPC V. Purification Tech (Nig) Ltd (2013) 7 NWLR (P. 1352) p. 82 113,
Necessary party is defined as someone whose presence is essential for the effectual
and complete determination of the issues before the Court. He is a party, in the
absence of whom the whole claim cannot be effectually and completely determined.
The 1st Defendant is the Federal Republic of Nigeria, a signatory to the ECOWAS
Treaty and the African Charter on Human and Peoples’ Right while the 2 nd
Defendant is the Attorney General of the Federation.
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