NIGERIA Law and Practice Contributed by: Adeyinka Aderemi, Omono Blessing Omaghomi and Ibukun Enigbokan, Streamsowers & Köhn
3. Procedure for Bringing Collective Redress/Class Actions 3.1 Mechanisms for Bringing Collective Redress/Class Actions In Nigeria, class actions can be commenced at the Federal High Court and at the High Courts of the vari- ous Nigerian states. Inasmuch as these actions can be commenced in these courts, the rules guiding the causes of action are different under the various rules of court, such as: • by the provisions of Order 15 Rule 13 (1) of the Lagos 2019 Rules, the institution of class actions is restricted to proceedings concerning the admin- istration of an estate, property that is the subject of a trust, land held under customary law as family or community property, or the construction of any written instrument (including a statute) (see 2.2 Scope of Areas of Law to Which the Legislation Applies ); • by virtue of Order 9 Rule 4 (1) of the FHC Rules 2019, a class action may be brought in any matter concerning trade marks, copyright or patents and designs (see 1.1 History and Policy Drivers of the Legislative Regime ); and • by Order 13 Rule 15 (1) of the Federal Capital Ter- ritory, Abuja (Civil Procedure) Rules 2018, class actions can be brought for proceedings concerning the administration of estates, property subject to a trust, land held under customary law as family or community property, the construction of any writ- ten instrument (including a statute), torts, or any other class action. In all the foregoing stipulated provisions, where the court is satisfied that it is expedient to do so, it may appoint one or more persons to represent a person, a class or members of a class where: • the person, the class or some members of the class interested cannot be ascertained or readily be ascertained; or • the person, the class or some members of the class interested – if ascertained – cannot be found. There is no exclusive procedure or mechanism for commencement of collective redress/class action
under the rules of the various courts. This is because the mechanism for commencement of a class action under the various rules of court does not differ from the mechanism for commencement of other types of civil actions. These are usually commenced by way of a writ of summons or by originating summons and must be accompanied by relevant documents as specified by the rules of court (see 3.2 Overview of Under the High Court rules of the various Nigerian states and the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018, there is no exclusive proce- dure for the commencement of a class action. How- ever, Order 43 Rule 1 of the Lagos 2019 Rules pro- vides that, where any application is authorised to be made to a judge, such application must be made by a motion that must state the rule of court or law under which the application is brought and which may be supported by an affidavit. The application must also be accompanied by a written address. Procedure for further details). 3.2 Overview of Procedure According to the provisions of the various procedural rules of court, the procedure for commencing a class action is as follows. • The action may be brought by way of writ of sum- mons or originating summons, subject to the provi- sions of the rules of court, and must be accompa- nied by the relevant documents as specified by the rules of court. • An application by way of motion ex parte (without notice to the other parties) must be made to the judge seeking leave to appoint one or more per- sons (named in the originating process filed) to represent a person, class, or some members of the class in a subject-matter suit. • The motion ex parte will contain an order to advertise/publicise the action in the interest of the persons, class or some members of class in a sub- ject matter so as to be aware of the pendency of the action, with the option for any members of the class or any person(s) to opt in/out. • Upon hearing an application, the judge appoints one or more persons to represent the class or some members of the class.
205 CHAMBERS.COM
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