LEGAL PRINCIPLE: CIVIL PROCEDURE – Jurisdiction – Competence of Action – Effect of Non-Joinder of Statutory Party
PRINCIPLE STATEMENT
The court is to decide on cases legally placed before it. This is an incompetent action and the court ought not to have welcomed the suit, irrespective of being placed on the undefended cause list. The courts below were in gross error in not giving section 15 of Cap. 13 Laws of the Federation of Nigeria, 1990 its plain and unambiguous meaning.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Alhaji Lawal Sarkin Tasha v. Union Bank of Nigeria Plc (2001) NLC-171996(SC) at p. 1; Paras A–B.
"The court is to decide on cases legally placed before it. This is an incompetent action and the court ought not to have welcomed the suit, irrespective of being placed on the undefended cause list. The courts below were in gross error in not giving section 15 of Cap. 13 Laws of the Federation of Nigeria, 1990 its plain and unambiguous meaning."
EXPLANATION / SCOPE
Non-joinder of a statutory party required by law renders the action incompetent—the court lacks jurisdiction. The court must decide only cases legally placed before it. An incompetent action cannot be cured by being placed on the undefended cause list or by default judgment. The defect goes to competence, not mere irregularity. Courts must give clear statutory language its plain meaning. If the statute mandates that the Board sue or be sued, the bank cannot maintain the action. The lower courts’ error is gross—ignoring unambiguous statutory provision. The action must be struck out for want of jurisdiction. The defect is fundamental and cannot be waived.