WHO CAN SUE AND WHO CAN BE SUED IN NIGERIA?
For an action to be instituted in a court of law in Nigeria, the parties to the suit must possess the requisite capacity as deemed by the law.
OUR STORY
Quality, not quantity
We have made quality our habit. It’s not something that we just strive for – we live by this principle every day.
WHO CAN SUE AND WHO CAN BE SUED IN NIGERIA?
The process of commencing an action against a natural person or an artificial person in Nigeria is very simple. Before taking the step to institute an action against a person in Nigeria, it is advisable to consider other options available for resolving differences or enforcing one’s rights.Thus, resolving disputes through alternative dispute resolution mechanisms such as reconciliation, arbitration or mediation might be favourable to a person than suing an offending party in court.
Therefore, for an action to be instituted in a court of law in Nigeria, the parties to the suit must possess the requisite capacity as deemed by the law. For an action to be competent, it is required that the parties must be legal persons either natural (humans) or juristic (companies). Thus, non existing persons cannot be sued. It is also important that the cause of action be stated in the claim. Failure to do this will lead to the action being stuck out.
You cannot maintain an action against a minor in Nigeria except the minor is being sued for necessities. Rather, an action can be maintained against a minor for other reasons through their legal guardian. To determine whether a person has a right of a cause of action in court, then he/she must be directly affected by the fact or series of facts of the action.
Conclusively, to bring such action before a court, the service of a lawyer is required. This is so because a person who is not a lawyer is not an officer of the court, and only a lawyer, who is anofficer of the court, can bring a case before the court on behalf of a party who has been wronged.
In a situation where someone needs legal representation but cannot afford the service of a lawyer,they can get it for free from the Human Rights Commission, and the Legal Aid Council. Additionally, some private practice attorneys may provide pro bono or contingency fee servicesto the poor.
NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com
WRITTEN BY: CHAMAN LAW FIRM TEAM
E-MAIL: chamanlawfirm@gmail.com
Tel: 08065553671, 08024230080