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Non-joinder of the Attorney General in a suit against a government institution is fatal and renders the suit incompetent, regardless of issuance of statutory notice, as the Attorney General is a necessary party by operation of law under section 6(3) of the Government Proceedings Act. The Court cannot grant amendment or joinder in an incompetent suit.
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Failure to join the Attorney General as a necessary party in a suit against a government officer renders the suit incompetent under section 6(3) of the Government Proceedings Act, Cap 5 R.E. 2002.
Source excerpt
The Court of Appeal held that failing to summon the Attorney General in an application for certiorari was fatal, rendering the High Court proceedings a nullity.
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