The Concept of Legal Personality in Nigerian Law

The Concept of Legal personality in Nigerian Law by Opeyemi Adesegun

 
Legal personality means the capacity of a human being or a juridical entity to be either a subject or an object or both of jural relations. It is the legal capacity of the person or entity to own or possess "things" and to maintain claims or assert rights and liberties in respect of them against others. It is also the capacity to sustain and satisfy claims by others against himself/itself in those relationships.
 

There are two species of legal personality. This includes the legal personality under international law and the legal personality under the  Nigerian national law. However, this article will be focuses on the concept of legal personality in Nigerian law.

Legal Personality in Nigerian Law

Under the Nigerian Law, the perfect assumption is that human beings are legal persons. Also, the corporations sole and the corporations aggregate are legal persons.

Corporations sole is law, the personification and perpetuation of an office to enable it to acquire, administer and dispose of property in perpetuity. For instance, the office of a Bishop, a State Governor etc.

The corporation sole technique enables the current incumbent to acquire property for the benefit of his unknown successors while also being imbued with the capacity to enter into contractual relations which benefit or bind them.

Corporations Aggregate are limited liability companies, whether private or public, and chartered companies, formed as such by a collection of individuals. The law treats the corporation aggregate as a "person" purely as a procedural technique. 

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