“The law is settled that where a necessary party who ought to be joined is not joined in an action, any judgment obtained against such a party is not a nullity but shall be to no avail. In Azuh vs UBN Plc (2014) LPELR – 22913 (SC), this court had reiterated the clear position of the law that non-joinder of a necessary party in a suit is an irregularity that does not affect the competence or jurisdiction of the court to adjudicate on the matter before it. However, an order made against a person who was not a party to the action before the court, though not a nullity, is to no avail. It cannot stand the test of time and is not binding on such non-party to the action. See: Okoye vs Nigerian Construction & Furniture Co. Ltd. & Ors. (1991) 7 SC (Pt.III) (REPRINT) 33 at 56; Green vs Green (1987) 3 NWLR (60) 480. See also Uwazurike & Ors vs Attorney General of the Federation (2013) 4-5 SC (Pt. l) 90 at 119 Lines 16-21; (2013) LPELR-20392 (SC) 1 at 24, Per Fabiyi, JSC (as he then was).” PER S. D. BAGE, J.S.C., in

FEDERAL REPUBLIC OF NIGERIA V ALH. ABUBAKAR MAISHANU & 2 ORS

LER [2018]SC.51/2015

SC.51/2015 https://legalpediaonline.com/federal-republic-of-nigeria-v-alh-abubakar-maishanu-2-ors/