LEGAL PRINCIPLE: ELECTION LAW — Parties to Election Petition — Fair Hearing — Whether Principle of Audi Alteram Partem Can Justify Joinder of Person Not a Necessary Party under Statute
PRINCIPLE STATEMENT
The principle of audi alteram partem applies only where a person ought to be joined as a necessary party but is denied. It cannot apply to a person who, by statute, is not and cannot be a party to an action.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Buhari v. Yusuf (2003) NLC-1162003(SC) at p. 58; Paras E–B.
"The principle of audi alteram partem can only be invoked in respect of a case where a person ought to be joined as a necessary party but is denied the right to be joined. The principle, in my humble view, cannot apply in respect of a person, who by statute, is not and cannot be a party to an action."
EXPLANATION / SCOPE
Fair hearing cannot justify joining a person who is not a necessary party under statute. The principle applies to election law. The statute determines necessary parties. The rule prevents improper joinder. The court will not apply fair hearing to override statutory requirements. The principle is well-established.