NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G Elias
3.3 Jurisdictional Requirements for a Defendant
3.5 Rules of Service In Nigeria, the mode of service for originating pro- cesses is by personal service. If personal service is not possible, the court may order substituted service upon an application of the claimant to that effect. Ser- vice of court processes on a company is effected by serving the processes on a director or principal officer of the company, or by leaving the processes at the company’s registered office. The service of court processes is the responsibility of the court and is to be effected by court officers (bailiffs). However, some courts permit parties (on their own) to serve subsequently filed processes that are not originating processes. A party outside Nigeria can be sued in Nigeria. How- ever, the service of the originating process must be made with the leave of the court. Once leave is grant- ed, the seal of the relevant court must be affixed to the process for service out of the jurisdiction. The origi- nating process may be passed to the solicitor-general by the chief registrar for onward transmission to the foreign country, where there is no existing convention with the other country in that regard. Where there is a convention with the other country, service may be effected through diplomatic channels or foreign judi- cial authorities. 3.6 Failure to Respond Where the defendant does not respond to a suit to defend a claim made against them, the claimant may apply for a default judgment against the defendant. However, if the claimant is seeking declaratory relief, no default judgment will be made and the plaintiff must prove the claim before the court. Where such proof is provided, the court can grant the declaratory relief. 3.7 Representative or Collective Actions Representative actions are permitted in Nigeria. Rep- resentative actions are typically used in suits by or against: • executors/administrators;
For a court to have jurisdiction in a suit or over a defendant, the following conditions must be present: • the plaintiffs must have locus standi (standing) to sue; • the action must not be statute-barred; • the proper parties must be before the court; • the subject matter must fall within the jurisdiction of the court; • the composition of the court as to members and qualifications is in accordance with the law; and • the suit is commenced by due process of law and upon fulfilment of any condition precedent to the assumption of jurisdiction. These jurisdictional requirements apply across various courts in Nigeria. 3.4 Initial Complaint A civil lawsuit may be commenced by: • a writ of summons; • originating summons; • an originating motion; or • a petition. A writ of summons is the most common way to initi- ate a lawsuit and is used to commence contentious actions. Originating summonses are used for non- contentious matters (eg, the interpretation of a docu- ment or statute). An originating motion and petition are used where they are prescribed by statute. An originating motion is also deployed where the law is silent on how an action can be commenced. At the National Industrial Court and the magistrates’ courts, complaints and claim forms are used respec- tively, but the rules governing their use are similar to those governing a writ of summons. At the appellate courts, appeals are commenced by filing notices of appeal. Originating processes may be amended after they have been filed only with leave of the court.
• guardians of infants and lunatics; • holders of power of attorney; and • family and community representatives.
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