NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G. Elias
• a petition. A writ of summons is the most common way to initiate a lawsuit and is used to commence contentious actions. Originating summonses are used for non-contentious matters (eg, the inter- pretation of a document or statute). An originat- ing 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 magis- trates’ courts, complaints and claim forms are used respectively, but the rules governing their use are similar to those governing a writ of sum- mons. 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. 3.5 Rules of Service In Nigeria, the mode of service for originating processes is by personal service. If personal ser- vice is not possible, the court may order substi- tuted service upon an application of the claimant to that effect. Service 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 service at its registered office. The service of court processes is the responsi- bility of the court and it is to be effected by court officers (bailiffs). However, courts permit parties (on their own) to serve subsequently filed pro- cesses that are not originating processes. A party outside Nigeria can be sued in Nigeria. However, the service of the originating process
must be made with the leave of the court. Once leave is granted, the seal of the relevant court must be affixed to the process for service out of the jurisdiction. The originating 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 Where the defendant does not respond to a suit to defend a claim made against them, the claimant may obtain a default judgment against the defendant. However, if the claimant is seek- ing 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. foreign judicial authorities. 3.6 Failure to Respond 3.7 Representative or Collective Actions Representative actions are permitted in Nigeria. Representative actions are typically used in suits by or against: • executors/administrators; • guardians of infants and lunatics; • holders of power of attorney; and • family and community representatives. Representative actions may be commenced where: (i) there is a common interest and griev- ance; and (ii) the relief sought is beneficial to those the claimants represent. Defending an action in a representative capacity requires the leave of the court. Class actions are also permitted when the intended beneficiaries or class of persons cannot be readily ascertained or found. Class
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