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. 13

Select target paragraph3