LEGAL PRINCIPLE: CIVIL PROCEDURE – Parties – Attorney-General as Proper Party – Acts of Governor in Official Capacity Constitute Government Acts
PRINCIPLE STATEMENT
When the Governor exercises powers under the Land Use Act in his official capacity, he acts for and on behalf of the State Government; the Attorney-General is a proper nominal defendant in civil cases in which the Government is sued.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Nigeria Engineering Works Ltd. v. Denap Ltd. & Anor (2001) NLC-1631997(SC) at pp. 12–15; Paras A–A.
"The power to revoke any statutory right of occupancy under s. 28 of the Act was granted to the Governor in his official capacity and it is therefore a public right the exercise of which constitutes a public act in the public interest... In the exercise of the powers by the Governor under the Act, the Governor was acting for and on behalf of Nigerians directly under his administration and therefore on behalf of his State Government. His act is therefore the public act of his government for which he can properly be sued in his official capacity... It is now well settled that the Attorney-General is a proper defendant or a nominal defendant in civil cases in which the Government is sued."
EXPLANATION / SCOPE
The Governor’s official acts under the Land Use Act are public acts of the State Government. The Governor acts for and on behalf of the State. Therefore, the Attorney-General is a proper nominal defendant when the Government is sued. Suing the Attorney-General in such cases is procedurally correct. The Attorney-General represents the Government’s interest. The principle avoids the awkwardness of suing the Governor personally for official acts. It ensures that the State is properly represented in litigation challenging government actions. The Attorney-General acts as the legal representative of the State. This simplifies civil proceedings against the government.
