"When a party's name is struck-out the allegation made against that person fades and automatically dissipates as the decision of the Court in striking out the name therefore constitutes the end of that party as far as his or its involvement in the case is concerned. The name of a party is struck out by the party that joined it, or the affected party and invariably it is a decision of the Court of the considering other factors. The consequence of the complaint against a party whose name is struck out is that he is no longer a party as his exclusion would not affect the party who brought him adversely particularly when the party consents to his removal from the suit either by act of commission or doing nothing i.e. omission. It would mean too that he has no case to answer as his presence is not considered necessary for the final determination of the case." See Obasanjo Vs. Yusuf 2004 120 LRCN 4596 At 4563 K-2. On the basis of the aforesaid decision of the Supreme Court and common sense, I would hold that a Petitioner who as an applicant has had his name struck our as a party also has no case to litigate as his presence is not considered necessary in the determination of the case." In ACTION ALLIANCE v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS. Suit No; CA/I/EPT/GOV/24/2011
Per DANJUMA, J.C.A.
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June 27, 2019 9:00 am