Court Orders and Non-Parties: The Legal Position in Nigeria

By P.L Osakwe

■ INTRODUCTION

In law, it is a settled principle that a court cannot make an order binding on a person or entity who is not a party to the proceedings. This is because the foundation of justice rests on fair hearing, and no one should be bound by a decision reached in a case where they had no opportunity to be heard.

Thus, any order allegedly directed at a non-party l, such as a financial institution not joined in a suit, would be unenforceable against them. Courts are bound by due process, and once a necessary party is not before the court, no valid order can lie against such a party.

The Nigerian courts have reinforced this position in several decisions. In AZUH v. UBA (2014) 60 NSCQR 458 at 508, paras F–G, the Supreme Court restated that orders of court cannot be made against persons who were not joined in the action. The rationale is simple: justice cannot operate in the absence of participation, and a person who was denied their right to be heard cannot be compelled to obey a decision they were never part of.

This principle underscores the importance of proper joinder of parties in legal proceedings. For an order to be binding, the affected party must be brought before the court and given the opportunity to present their case. Otherwise, such an order is a nullity in law.