ELECTION LAW — Parties to Election Petition — Unnamed and Unidentified Persons Not Necessary Parties
Ratio Decidendi
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.