LEGAL PRINCIPLE: ELECTION LAW — Parties to Election Petition — Unnamed and Unidentified Persons Not Necessary Parties
PRINCIPLE STATEMENT
Unnamed, unidentified, and unassigned persons such as Police and Army personnel as well as political party agents or thugs cannot be made parties to an election petition.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Obasanjo & Ors v. Yusuf & Anor (2004) NLC-1932003(SC) at p. 11; Paras D–E.
"I do not know how the unnamed, unidentified and unassigned Police and Army personnel as well as political party agents and or thugs can be made parties in the petition. I think the Court of Appeal was right to have refused to strike out the two paragraphs. Paragraph 12 & 14 are therefore competent."
EXPLANATION / SCOPE
Unidentified persons cannot be joined as parties. The principle applies to election law. A party must be identifiable and namable. The rule prevents joinder of vague or unknown entities. Allegations against unnamed persons may still be admissible as evidence. The principle is well-established.