NIGERIA Law and Practice Contributed by: Adeyinka Aderemi, Omono Blessing Omaghomi and Ibukun Enigbokan, Streamsowers & Köhn
3.3 Standing In Nigeria, persons who have standing to bring col- lective redress/class action suits are persons with an interest in the suit, which may be commenced or defended by one or more such persons for the ben- efit of other interested persons. In a class action, it is sufficient for members of the class to have common issues without necessarily having the same interest. By Order 13 Rule 15 (1) of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018, Order 15 Rule 13 (1) of the Lagos 2019 Rules and Order 9 Rule 4 (1) of the FHC Rules 2019, a judge is empowered to appoint one or more persons to represent the a person, mem- bers of a class, or class of persons interested in a class action. 3.4 Class Members, Size and Mechanism – Opting In or Out In Nigeria, the determination of persons who belong to a relevant class for the purposes of collective redress/ class action litigation is dependent on whether the persons have an interest in the subject matter of the suit. There must also be legal or factual questions common to the class. Limits on the Size of Classes In the Nigerian legal regime, there are no limits on the number of persons who constitute a class. The rules of the various High Courts in Nigeria recognise that a class may be made up of persons interested in a class
member of a class to opt in or opt out of the class action. The application to the court or the judge in chambers is by a motion that sets out the grounds that the party making the application intends to rely on, supported by an affidavit setting out the facts that the party mak- ing the application intends to rely on, as well as a writ- ten address. Generally, all motions are to be made on notice to any party affected by it. However, motions ex parte (without notice to the affected party) are granted by the court if it is satisfied that to delay the motion until notice is given to the affected party would entail irreparable damage or serious mischief to the party making the application. There are no specific provisions in the relevant rules of Nigeria’s various High Courts and the Federal Capital Territory stating the procedure for opting in or out of a class action proceeding. However, generally, applica- tions are allowed to be made to a court for the grant of any orders. By making an application to opt in during the course of proceedings, a class member takes formal steps to be bound by any decision made in the suit. By apply- ing to opt out, a class member would not be bound by the outcome of the suit and is at liberty to commence an individual action. 3.5 Joinder Generally, under the rules of the various High Courts in Nigeria, any application to add a plaintiff/claimant or defendant to any suit pending before the court may be made to a judge by a motion on notice. Such applica- tion must be accompanied by the proposed statement of claim or defence (as the case may be), all the docu- ments intended to be used and the depositions of all the witnesses. The same procedure is applicable while seeking to add further parties to a collective redress/ class action. 3.6 Case Management Powers of Courts Unlike some other jurisdictions, Nigeria does not have a well-laid-out case management system for class actions, especially as there is a dearth of provisions under the rules of various courts to guide the court in the management of class action cases. However, in
action – some of whom: • cannot be ascertained;
• cannot be rightly ascertained; or • if ascertained, cannot be found.
This presupposes that there is no restriction on the number of persons in a class or the size of classes. Mechanism for Joining an Action (Opting In/Out) Order 9 Rule 4 (3) and (4) of the FHC Rules 2019 pro- vides that a person or member of a class may, in any class action proceedings, apply to the court or a judge in chambers to opt in or opt out of the class action. The court or the judge in chambers may then, based on good and justifiable cause, permit such person or
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