MR. GOKE v. PRINCE EMEKA IBENYE & ANOR
(2014)LCN/6857(CA)
RATIO
WHETHER A LEGAL PROCESS/ORIGINATING PROCESS CAN BE ISSUED BY A PERSON UNKNOWN IN LAW
It has become trite law that only a party to a suit or a legal practitioner acting on his behalf can issue a legal process. See Okafor vs. Nweke (2007) 10 NWLR (Pt. 1043) 521. The decision referred to above has been set in stone by a judgment of the full Court of 7 Justices of the Supreme Court in First Bank of Nigeria Plc & Anor Vs. Alhaji Salmanu Maidawa & Ors (2013) 5 NWLR (Pt.1348) 444. A firm of legal practitioners therefore cannot perform the functions of a legal practitioner. It cannot issue processes in a Court of law. A process issued by a firm of legal practitioners as in this case is fundamentally defective. See Nigerian Army Vs. Samuel (2013) 14 NWLR (Pt. 1375) 466. Per RAPHAEL CHIKWE AGBO, J.C.A
