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Whether Court can give judgment against a person not a party to the case before it.

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Whether court of law can make an order or give judgment, affecting the interest or right of a person or body that is not a party to the case before it

"As submitted by Lamikanra SAN, correctly in my view, and on the sound authority of HENRY O. AWONIYI v. THE REGISTERED TRUSTEES OF THE ROSICRUCIAN ORDER, AMORC (NIG) (2000) 10 N.W.L.R. (Pt.676) 522 at 540 & 551; PEOPLES DEMOCRATIC PARTY (PDP) v. ALL PEOPLES PARTY (APP) (1999) 3 N.W.L.R. (Pt.594) 238 at 244; FAYEMI v. ONI (2009) 7 N.W.L.R. (Pt.1140) 223 at 254 - 256, the law is settled that no court of law will make an order, or give judgment, affecting the interest or right of a person or body that is not a party to the case and who was never heard in the matter. There can be no cleaner infringement of the Constitutional protection of fair hearing in Section 36 of the 1999 Constitution, particularly the right of audi alteram partem, than this suit has invited us to do against the SGF and the Bureau of Public Procurement against whom weighty allegation of infraction of Section 6(1) of the Public Procurement Act, 2007 has been copiously made."

 

Per EKO, J.C.A


   
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