Unnamed persons cannot be joined to an election petition like it is sometimes done in trespass cases. See Obasanjo v. Yusuf (2004) LPELR-2151 (SC) p.18 -19 where a similar argument was rejected out of hand by Kutigi and Pats-Acholonu, JJ.S.C., thus: ‘It is impossible to drag unknown touts, police, army and hordes of others to court and join them. That would be bizarre.’
— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)
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The pronouncement of Georgewill JCA in DAVIES & ORS v. ODOFIN & ORS (2017) LPELR-41871(CA) is most apposite in this case; -“Now, to answer the question posed earlier as to the proprietary or otherwise of suing the 6th Defendant as ‘Persons Unknown’ it is essential that the legal meaning of the word ‘Person’ is clearly understood and explained albeit briefly. In law, the word ‘Person’ connotes a natural person and an artificial person and thus whenever the word ‘Person’ is used in a Statute it has always been interpreted to include both natural and artificial persons. See IBRAHIM V. JUDICIAL SERVICE COMMISSION (1998) 4 NWLR (PT. 584) 1 @ P. 35. See also AG. RIVERS STATE V. AG. BAYELSA STATE (2013) 3 NWLR (PT. 1340) 123 @P. 148; OFFOBOCHE V. OGOJA LG. (2001) 16 NWLR (PT. 739) 458; LAGOS CITY COUNCIL V. OGUNBIYI (1969) 1 ALL NLR 197; IBERO CEMENT CO. LTD. V. AG. FEDERATION (2008) 1 NWLR (PT. 1069) 470 @ PP.499-501; HASSAN V AKILU (2010) 17 NWLR (PT. 1223) 547 @P. 622; EBOIGBE V. NNPC (1994) 5 NWLR (PT. 347) 649 @P. 659; NWADIARO V SHELL PDC (1990) 5 NWLR (PT. 150) 322. In the light of the above succinct meaning of the word ‘Person’, I am of the view that in law it is quite permissible in appropriate and deserving circumstances to commence an action against a person, though existing as a natural person but, whose name or real identity is not known to the Claimant at the time instituting the action in Court.” Per GEORGEWILL, J.C.A. (Pp. 42-43, Paras. D-E).
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