LEGAL PRINCIPLE: CIVIL PROCEDURE — Joinder of Parties — Co-Plaintiffs — Right to Cross-Examine Co-Plaintiffs’ Witnesses
PRINCIPLE STATEMENT
Co-plaintiffs with the same or similar interest may join in a suit. They may have the same counsel or different counsel. They must present a common front and common interest. They are free to cross-examine each other's witnesses, but the cross-examination must not give rise to opposing interests, claims, or reliefs.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ogolo & Ors v. Fubara & Ors (2003) NLC-291995(SC) at pp. 22–23; Paras A–C.
"Where parties have same or similar interest in a matter, they can apply to join as co-plaintiffs and that is proper in our adjectival law. Accordingly, I do not see anything wrong for the 2nd set of plaintiffs to join this suit. The 2nd set of plaintiffs can decide to have the same counsel with the 1st set of plaintiffs if they so wish. I do not see anything wrong with that. There is also nothing wrong for the 2nd set of plaintiffs to retain the services of different counsel, if they so wish. ... The important aspect is that the plaintiffs in the matter (original and co-plaintiffs) must present a common front and a common interest in the presentation of their claims or reliefs. They must, on no account, present opposing interests or opposing claims or reliefs. In my view, they are perfectly free to cross-examine each other's witnesses but the cross-examination must not give rise to the presentation of opposing interests or opposing evidence or opposing claims or reliefs."
EXPLANATION / SCOPE
Co-plaintiffs may join in a suit and may cross-examine each other’s witnesses. The principle applies to civil procedure. They must maintain a common front. The rule allows cross-examination but prohibits opposing interests. Co-plaintiffs cannot present contradictory claims. The principle is well-established.