Who can sue and be sued in Nigeria?

Asked by: Kadin Corkery  |  Last update: October 13, 2023
Score: 4.9/5 (73 votes)

Capacity:
In Nigeria only legal persons (Natural or Non-natural) can sue and be sued. For example, you cannot make a claim directly against a minor (person under the age of 18) expect such minor is being sued for necessities.

Can I sue someone in Nigeria?

Things to Consider Before suing a person in Nigeria:

To sue a person in Nigeria, the Claimant and Defendant must be legally capable to sue and being sued, respectively. In Nigeria, only legal persons (Natural or Non-natural) can sue and be sued.

Can an unknown person be sued in Nigeria?

Generally, this means that no case can be brought against “Persons Unknown”. “Persons Unknown are not natural or corporate beings, they are non-existing persons.

Can you sue a judge in Nigeria?

63. (1) No Judge or other person acting judicially shall be liable to be sued in any court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction.

Can a minor sue in Nigeria?

To conclude, an infant can sue. However, because he or she has not attained the age of maturity in Nigeria, he or she can only sue through a guardian. The issue of an underage person's ability to sue and be sued has to do with what we call “parties/party” to suits.

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How much does it cost to file a case in Nigeria?

In Lagos State, litigation at the magistrate court and other lower courts may cost between N50,000 and N500,000 which may end within a year, while at the High Court with coordinate courts, such as National Industrial Court, military tribunals, tax tribunals and others, litigants may pay between N500,000 and N5m.

What are the rights of a Nigerian child?

The Rights Of A Child In Nigeria
  • The Right to life (Section 33)
  • The Right to dignity of the human person (Section 34)
  • The Right to personal liberty (Section 35)
  • The Right to fair-hearing (Section 36)
  • The Right to privacy and family life (Section 37)
  • The Right to freedom of thought, conscience and religion (Section 38)

Can you sue a police officer personally in Nigeria?

Nigeria Police Force is a creation of the Constitution of Nigeria that can sue and be sued. Any police officer can be sued in Nigeria, from the Inspector General of Police to the most junior police officers (recruit constables).

What is judges Rule 5 in Nigeria?

3.5 Rule 5: If at any time after a person has been charged with, or informed that he may be prosecuted for an offence, a police officer wishes to bring to the notice of that person any written statement made by another person who in respect of the same offence has also been charged or informed that he may be prosecuted ...

What is the punishment for negligence in Nigeria?

Any person who unlawfully does any act, or omits to do any act which it is his duty to do, not being an act or omission specified in section 343 of this Code, by which act or omission harm is caused to any person, is guilty of a misdemeanor and is liable to imprisonment for six months.

Can a private person prosecute in Nigeria?

Private Nigerian citizens can prosecute crimes without the authorization of the AG. According to S. 211 of the Constitution of the federal republic of Nigeria, it is the Attorney General of the state who has the power to institute and prosecute crimes in the state.

Can I sue my husband for cheating in Nigeria?

Section 31 of the Matrimonial Causes Act further provides that a party to a marriage can claim damages for adultery if such an act is not condoned and was not perpetrated for up to three years before such a claim is made. Damages for adultery are compensatory.

Is debt a criminal offence in Nigeria?

Indebtedness is not a crime in Nigeria, refusal to pay debts is a civil wrong and not a criminal offence. In Economic and Financial Crimes Commission(EFCC) v Diamond Bank PLC ,HRH Eze Dr Peter Opara, and Petrol Continental Nig.

Can someone in the US sue someone in another country?

The answer is yes. It is possible to sue someone for legal disputes abroad based on jurisprudence. The process of suing someone abroad can be accomplished through litigation or arbitration. You might want to try and take legal action in your home country based on local laws, but this is not always possible.

Can I defend myself in court without a lawyer in Nigeria?

A person with a cause of action can represent himself in any action brought by them and can also defend himself in person before any court.

Can a wife sue her husband in Nigeria?

Can a husband sue the wife for a tort or vice versa? Generally, under common law and statute, a husband cannot sue the wife nor the wife sue her husband for any claim in tort. ⁵ However, a married woman can sue anybody including her husband for protection and security of her private property.

What are the five type of Court in Nigeria?

The Federal courts are: the Supreme Court, the Court of Appeal and the Federal High Court. The State courts include: the High Court of a State, the Customary Court of Appeal of a State and the Sharia Court of Appeal of a State.

Can a Court set aside its own judgment in Nigeria?

Ikpong v.

A court of law reserves the right to set aside its judgment which was given otherwise than on the merits upon good grounds shown.

Do you have to be a lawyer to become a judge in Nigeria?

“The principal law provides that for one to be a Judge of the Upper Area Court, one must be a legal practitioner with at least four years post-call. “And for one to be a Judge of an Area Court, you must be a legal practitioner with at least three years post-call.

How long can police detain you in Nigeria?

Police or Administrative Bail

Therefore it is illegal and unconstitutional for a suspect to be detained for more than 48 hours by the police (or government agency) without bail or without charging the individual to court.

Can you record a police officer without permission in Nigeria?

Yes, Nigerians have the right to record a policeman doing something illegal, but most often than not, the police would seize the phone and force you to delete the recordings.

What is the right to remain silent in Nigeria?

Section 35(2) of the Constitution of the Federal Republic of Nigeria, 1999 (CFRN), as severally amended, provides that “Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of hos choice”.

Who owns custody of a child in Nigeria?

Under most systems of customary law in Nigeria, the father has the absolute right to custody of his legitimate or legitimated children. On the death of the father, the custody of the child is vested in the male head of the father's family, though the mother has unfettered rights over the day-to-day care of the child.

What is the girl child law in Nigeria?

Sec 21 and Sec 22 of the Child's Right Act of Nigeria 2003 (CRA) prohibits the marriage of a girl child or support any such act by an individual. It further provides for punishment for anyone involved in its promotion (sec 23).

What are the 10 rights of a citizen in Nigeria?

The fundamental human rights contained in the constitution of Nigeria are: the Right to Life, the Right to Dignity of Human Person, the Right to Personal Liberty, the Right to Fair Hearing, the Right to Private and Family Life, the Right to Freedom of Thought, Conscience and Religion, the Right to Freedom of Expression ...