AYOOLA, J.C.A. (Delivering the Leading Judgment): The two short questions that have arisen on this appeal are:
i. whether the Commissioner for Insurance can be sued by using his
ii. whether the trial Judge was right when she held that an association which described itself as "Nigerian Insurers Association" was not a juristic person or has sued in a representative capacity".
The questions arose this way: The appellants the first five of which are insurance companies and the sixth of which is Nigerian Insurance Association sued the Commissioner for Insurance claiming a declaration that the first five plaintiffs and the 6th plaintiffs members registered before the enactment of the Insurance Decree 1991 were not liable to pay the statutory deposit required by section 9 of the Insurance Decree Cap. 58 of 1991 and an order of perpetual injunction restraining the defendant "whether by himself, his officers, agents, servants or any of them or otherwise howsoever" from compelling the first fi…