Whether Affidavits Can Contain Legal Argument and/or Conclusion

CASE TITLE:  GTB PLC v. INNOSON (NIG) LTD (2025) LPELR-81486(SC)

JUDGMENT DATE: 20TH JUNE, 2025

PRACTICE AREA: CIVIL PROCEDURE

LEAD JUDGMENT: MOHAMMED BABA IDRIS, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This is a ruling on an application for joinder of parties to an appeal.

FACTS:

This is a Motion on Notice dated and filed on the 1st day of March, 2022, praying for the following orders:

1. AN ORDER of this Honourable Court granting leave to the Appellant/Applicant herein to join the Nigeria Customs Service Board, the Attorney General of the Federation and the Honourable Minister for Finance, Budget and National Planning as the 2nd, 3rd Attorney-General and 4th Respondents, respectively, in this appeal.

2. AN ORDER amending the Appellant’s Amended Notice of Appeal filed on 26th May, 2017, the Appellant’s Amended Brief of Argument filed on the 25th June, 2018, and all other processes already filed in this matter to reflect the joinder of the 2nd, 3rd and 4th Respondents.

AND for such further or other orders as this Honourable Court may deem fit to make in the circumstances of this case.

The application was supported by an 18-paragraph affidavit sworn to by one Nicholas Igwebuike, a member of the Legal Group, Corporate Services Division of the Appellant/Applicant attached to which were 5 (five) exhibits and a written address.

ISSUE(S) FOR DETERMINATION:

The competence of the application was considered.

DECISION/HELD:

In conclusion, the application was dismissed.

RATIOS:

• ACTION- JOINDER OF PARTY(IES): Condition(s) for a party to be joined to an action
• ACTION- INTERESTED PARTY: Who is an interested party?
• EVIDENCE- AFFIDAVIT EVIDENCE: Whether affidavit can contain legal argument and/or conclusion
• PRACTICE AND PROCEDURE- PRELIMINARY OBJECTION: Whether a preliminary objection should be considered and determined first before dealing with the merits of an appeal.
• PRACTICE AND PROCEDURE- ABUSE OF COURT/JUDICIAL PROCESS(ES): Meaning and nature of the concept of “abuse of Court/judicial process”
• PRACTICE AND PROCEDURE- CONSISTENCY IN PRESENTATION OF A CASE: Whether a party is permitted to approbate and reprobate at the same time
• PRACTICE AND PROCEDURE- GARNISHEE PROCEEDINGS: Role of a garnishee: whether a garnishee can take the position of the judgment debtor in raising any kind of issue or objection

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