JURISDICTION AND PROPER PARTIES IN NIGERIAN CIVIL LITIGATION: A REVIEW OF THE ADMIN. & EXEC. OF THE ESTATE OF ABACHA V EKE-SPIFF & ORS (2009) LPELR-3152 (SC)

Abstract

The judicial decision of the Supreme Court in the case of the Administrators/Executors of the Estate of Abacha v Eke-Spiff & Ors is a locus clasicus in Nigerian civil procedure. In this case, the Supreme Court affirmed the judgment of the trial Court while simultaneously striking out the appeal on the ground of jurisdiction. A major issue with this decision is the affirmation of the trial court judgment despite the appeal being struck out and the absence of any cross appeal by the respondent. This article aims to appraise the position of the Supreme Court in this case and examine whether it can stand the test of time against other decisions of the apex court. The doctrinal research method was adopted for this analysis. The article recommends, among other things, that the Supreme Court should reconsider its stance on affirming the judgment of the trial court when the appeal is struck out for want of jurisdiction. It also recommends that the heirs of the late General Sani Abacha should approach the trial High Court of Rivers State and institute an action for the declaration of title to land.