INSPECTOR GENERAL OF POLICE v. DANIEL ANDREW
(2014)LCN/6889(CA)
RATIO
PRACTICE AND PROCEDURE: THE TEST TO DETERMINE WHETHER A PARTY IS A PERSON HAVING AN INTEREST IN A MATTER
The only way an entity can be ordered to be joined in a criminal case, is when such an entity joined the accused in committing the same offence and for the court’s convenience, the two could be tried together. Even in civil case, a party can only be joined in a suit if that party has an interest in the matter. In such a situation, the test to determine whether a party is a person having an interest in a matter is whether the person could have been joined as a party to the suit. An interested party includes a person affected or likely to be aggrieved by the proceedings. See: E.F.P. CO. LTD. v. N.D.I.C (2007) 9 NWLR (Pt. 1039) 216; OJUKWU v. GOV. LAGOS STATE (No. 1) (1985) 2 NWLR (Pt. 10) 806. Per PAUL ADAMU GALINJE, J.C.A
