LEGAL PRINCIPLE: CIVIL PROCEDURE — Joinder of Parties — Person “Claiming to Be Affected” Under Court of Appeal Rules
PRINCIPLE STATEMENT
Under the Court of Appeal Rules, a proposing intervener need only show that he is a person "claiming to be affected." If the reliefs sought would affect his legal rights, he is entitled to be joined.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Yakubu v. The Governor of Kogi State & Ors (1995) NLC-2451994(SC) at p. 24; Paras. B–D.Per Ogundare, JSC, in Yakubu v. The Governor of Kogi State & Ors (1995) NLC-2451994(SC) at p. 24; Paras. B–D.
"Under the Court of Appeal Rules, all a proposing intervener need show is that he is a person 'claiming to be affected.' There can be no doubt that plaintiff's reliefs (iii) and (v), if granted, would affect the legal rights of the 5th respondent as the incumbent Ejeh of Ankpa. For that reason, therefore, I am of the considered view that the court below is right to grant his application to be joined as a co-respondent."
EXPLANATION / SCOPE
The test for joinder under the Court of Appeal Rules is whether the person is “claiming to be affected.” The threshold is lower than “necessary party.” The principle promotes access to justice. The intervener must show a legal interest. The court has discretion to grant or refuse joinder. The rule applies to appeals. The intervener may be joined as a respondent. The court will consider the nature of the interest. The principle ensures that affected persons can protect their rights.