CORAM

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P. O. IGE, J.C.A

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PARTIES

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INCORPORATED TRUSTEES OF ASSOCIATION OF LOCAL GOVERNMENT OF NIGERIA

APPELLANTS 

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RIOK NIGERIA LIMITED & ORS

RESPONDENTS 

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AREA(S) OF LAW

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APPEAL, COURT, JUDGMENT AND ORDER, JURISDICTION, PRACTICE AND PROCEDURE, STATUTE, WORDS AND PHRASES

 

 

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SUMMARY OF FACTS

The 1st Respondent commenced this action by an Amended Originating Summons before the Federal High Court of Nigeria, Abuja Division, wherein he sought for the determination of six questions against the Appellant and 2nd -3rd Respondents. And also in anticipation of favourable answers to the questions raised, the 1st Respondent claimed for an Order directing that payments should be made to the 1st Respondent in relation to the London/Paris Club debt refund to defray the judgment sum against the 4th Defendant or part thereof in SUIT NO: FCT/HC/CV/2129/2014 Between Riok Nig. Ltd &3 Ors V. Incorporated Trustees Of The Association Of Local Governments Of Nigeria (Also Known As Association Of Local Governments Of Nigeria (ALGON), amongst other reliefs and an alternative relief which is an Order for the money due to the 1st Respondent in the judgment (in the above mentioned suit) be transferred to the Ministry of Justice to pay 1st Respondent after confirmation that the project for which the Judgment was obtained has been commenced by the 1st Respondent. At the end of the trial, the Court granted the 1st Respondent’s alternative relief. Aggrieved by this decision, the Appellant had appealed against same via its Notice of Appeal containing three (3) Grounds of Appeal. In reaction, 1st Respondent alongside its brief of argument, incorporated Notice of Preliminary objection on the grounds that the appeal is incompetent and constitutes an abuse of Court process.

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HELD

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Appeal Allowed

 

 

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ISSUES

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1. Whether the Federal High Court has the power to entertain the claims of the 1st Respondent and exercise judicial powers thereon.

 

2. Whether the orders made by the learned trial judge is a proper exercise of judicial powers including discretion having regards to the evidence before the Court

 

 

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RATIONES DECIDENDI

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APPEAL, COURT, JURISDICTION, PRACTICE AND PROCEDURE

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INCOMPETENT APPEAL – WHETHER AN INCOMPETENT APPEAL CAN BESTOW JURISDICTION TO AN APPELLATE COURT TO ADJUDICATE ON AN APPEAL

“It is unarguable that an incompetent appeal cannot bestow jurisdiction to an Appellate Court to adjudicate on an appeal. An Appellant’s Notice of Appeal must comply with the statute and the constitutional provisions giving rights of appeal. See (1) Ralph Uwazurike & Ors Vs. A.G. Federation (2007) 8 NWLR (Part 1025) Also Reported In (2007) SCM 193 At 200 PER OGBUAGU, JSC who said:

“It is not in doubt that appeals are creatures of statutes, so the jurisdiction of the Court of Appeal to adjudicate on any matter brought to before it is statutory and so guided by the rules of the Court. The failure of the appellant or appellants to comply with statutory provisions or requirements presented by the relevant laws or rules (which are in the nature of a subsidiary legislation perforce must be obeyed) under which such appeals may be competent and properly before the Court will certainly deprive the Appellate Court jurisdiction to entertain and or adjudicate on the appeal.”

2. Nonye Iwunze V The FRN (2015) 6 NWLR (Part 1404) 580 AT 596 D – E PER RHODES – VIVOUR, JSC who said:

“The Constitution confers on the Court of Appeal jurisdiction to hear and determine appeals. The jurisdiction is statutory and also controlled by the rules of Court. The Court of Appeal would lack Jurisdiction to hear an appeal of the appellants who fails to comply with statutory provisions or the relevant rules of Court the originating process in all appeals is the Notice of Appeal.

Once it is found to be defective the Court of Appeal ceases to have jurisdiction to entertain an appeal in whatever form.”

-PER P. O. IGE,, J.C.A

 

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JURISDICTION OF COURT – DUTY OF COURT TO FIRST DETERMINE AN OBJECTION BORDERING ON THE JURISDICTION OF THE COURT TO ENTERTAIN AN APPEAL

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“The issue of competency of the appeal herein as raised by the 1st Respondent borders on jurisdiction of this Court. It is therefore pre-eminently necessary that this Court must first attend to the objection in order to determine its merit or otherwise for if the appeal is incompetent this Court will be bereft of vires to adjudicate on the appeal. Barrister Orker Jev & Anor Vs. Sekavdzua Iyortyom & Or (2014) 8 SCM 131 At 151 E where my lord OKORO JSC said:

“Let me quickly add here that a preliminary objection which borders on jurisdiction cannot be brushed aside by the Court regardless of the manner in which it was raised. Such issues, I must say can be raised for the first time in the Court with or without leave. See Nnonye v. Anyichie (2005) All FWLR 253, 604.”

-PER P. O. IGE,, J.C.A

 

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NOTICE OF APPEAL – ATTITUDE OF COURT WHERE THERE IS A BREACH OF THE RULES OF COURT ON THE APPROPRIATE FORM OF A NOTICE OF APPEAL

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“It is glaringly stated by the rules of this Court that Notice of Appeal shall contain grounds of Appeal couched distinctly, concisely and if a ground or grounds of appeal complains or complain of misdirection or error in law as it is common in the drafting of grounds of appeal the particulars of error and the nature of the misdirection must be clearly stated.

I am of the firm view that Rules of Court must be obeyed. However where a breach of the rule is not substantial and not injurious or inimical to the interest of the adversary and it is pardonable, this Court will where the interest of justice demands it treat the breach as mere irregularity. -PER P. O. IGE,, J.C.A

 

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GROUNDS OF APPEAL – A GROUND OF APPEAL SHOULD NOT BE VAGUE OR GENERAL IN TERMS AND MUST DISCLOSE A REASONABLE GROUND OF APPEAL

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“After all, the most important thing pertaining to drafting of grounds of appeal is to make them explicit and lucid enough to make the respondent to the appeal understand the real complaints embedded in the grounds of appeal against the judgment.

Once the Respondent is not misled or confused as to the part of the judgment appealed against in the grounds ofappeal, the Court will not allow technicality to render the appeal or any of its ground incompetent. See (1) Aderounmu V. Olowu (2000) 4 NWLR (PT.652) 253 at 265 PER AYOOLA JSC who said:

“The rules of our appellate procedure relating to formulation of grounds of appeal are primarily designed to ensure fairness to the other side. The application of such rules should not be reduced to a matter of mere technicality, whereby the Court will look at the form rather than the substance. The prime purpose of the rules of appellate procedure, both in this Court and in the Court of Appeal, that the appellant shall file a notice of appeal which shall set forth concisely the grounds which he intends to rely upon on the appeal; and, that such grounds should not be vague or general in terms and must disclose a reasonable round of appeal, is to give sufficient notice and information, to the other side, of the precise nature of the complaint of the appellant and, consequently, of the issues that are likely to arise on the appeal. Any ground of appeal that satisfies that purpose should not be struck out, notwithstanding that it did not conform to a particular form.”

2. John Eneh Vs. Kenn Ozor & Anor (2016) 16 NWLR (PT.1538) 219 AT 234 E-G per SANUSI JSC.

3. Chief Ujile D. Ngere & Anor V. Chief Job William Okuruket Iv & Anor. (2017) 5 NWLR (PT.1559) 440 AT 466 D-E PER ARIWOOLA, JSC who said:

“Ordinarily, and this should be realized, that particulars of the error alleged in a ground of appeal are intended to highlight the complaint against the judgment on appeal. They are specifications of the error or misdirection in order to make clear how the complaint is to be canvassed in attempting to demonstrate the flaw in a relevant aspect of the judgment. Particulars are not to be made independent of the complaint in a ground of appeal but ancillary to it. See; Ogundare Osasona v. Adetoyinbo Ajayi (2004) 5 SCM 130; (2004) 14 NWLR (Pt. 894) 527.”

-PER P. O. IGE,, J.C.A

 

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APPEAL GROUND(S) OF APPEAL – ESSENCE OF GROUND(S) OF APPEAL

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See Florence Achonu Vs. Oladipo Okuwobi (2017) 14 NWLR (PT. 1584) 142 AT 171 F-H 60 172 A-C per GALINJE, JSC who said:

“Finally, the essence of the grounds of appeal is to give sufficient notice to the adverse party of the nature of the appellants compliant that such adverse party will be confronted with in Court. Once the notice is passed and the adverse party reacts to it without any complaint, it means the notice is clear and well understood. In Aderounmu v. Olowu (2000) SCNJ 180, (2000) 4 NWLR (Pt. 652) 253 at 265 paragraph E-G, which was cited and relied upon, by learned counsel for the respondent, this Court per Ayoola JSC said:-

The rules of our appellate procedure relating to formulation of grounds of appeal are primarily designed to ensure fairness to the other side. The application of such rules should not be reduced to a matter of mere technicality whereby the Court will look at the form rather than the substance. The prime purpose of the rules of appellate procedure, both in this Court and in the Court of Appeal, that the appellant shall file a notice of appeal which shall set forth concisely the grounds which he intends to rely upon on the appeal and that such grounds should not be vague or general in terms and must disclose a reasonable ground of appeal, is to give sufficient notice and information to the other side of the precise nature of the complaint of the appellant and consequently of the issues that are likely to arise on the appeal. Any ground of appeal that satisfies that purpose should not be struck out notwithstanding, that it did not conform to a particular form.”

-PER P. O. IGE,, J.C.A

 

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JURISDICTION – FUNDAMENTAL NATURE OF JURISDICTION, EFFECT OF LACK OF SAME AND AT WHAT STAGE IN A PROCEEDING CAN IT BE RAISED

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“It is no longer debatable that Courts are creatures of the Constitution and the Statutes and the Constitution and Statutes define their areas of jurisdiction. A Court or Tribunal must possess the necessary vires to try or embark on adjudication of any cause or matter. See:

1. Ikechukwu V. FRN (2015) 7 NWLR (Part 1457) 1 AT 23H-24A – B per NGWUTA, JSC;

2. Goyang Kayili Vs Esly Yilbuk & Ors (2015) 7 NWLR (PART 1457) 26 At 52H TO 53A per Ogunbiyi, JSC;

3. Alhaji Jibrin Isah Vs INEC & Ors (2016) 18 NWLR (PART 1544) 175 AT 222H per RHODES-VIVOUR, JSC who said:

“Jurisdiction is the legal power that a Judge has to hear and determine a case. It is usually conferred on the Court by the Constitution or Statute. It is a threshold issue, the heart-beat of a case. Once a Court lacks jurisdiction to hear a matter and it proceeds to hear the matter no matter how well handled the entire proceedings are a nullity no matter how well handled. That explains why the issue of jurisdiction can be raised at any time, in the trial Court, the Court of Appeal or in the Supreme Court for the first time. See A. G. – Anambra State v. A.G., Federation (1993) 6 NWLR (Pt. 302) p. 692; Barclays Bank of (Nig.) v. Central Bank of (Nig.) (1976) 6 SC 175; Dangana& Anor. v. Usman &Ors. (2012) 2 SC (Pt. iii) p. 403, (2013) 6 NWLR (Pt. 1349) 50; Usman Dan Fodio University v. Kraus Thompson Organisation Ltd. (2001) 15 NWLR (Pt. 736) p. 305.”

4. Attorney-General Of Kwara State Vs. Alhaji Saka Adeyemo (2017) 1 NWLR (PART 1546) 201 AT 239C – E per RHODES-VIVOUR, JSC who also said:

“Jurisdiction is the authority, given to the Court by the Constitution, legislation to decide matters that come before it. Jurisdiction is a threshold issue. So once raised it must be resolved quickly. It is so fundamental in that if a Court hears a case in which it has no jurisdiction, no matter how well the case was conducted and decided, it would be declared a nullity.

See Madukolu v. Nkemdllim (1962) 2 NSCC p. 374; (1962) 2 SCNLR 341; A.G Lagos State v. Hon. Justice L.J. Dosunmu (1989) 3 NWLR (Pt. III) p. 552; Dangana& Anor v. Usman & 4 Ors.(2012) 2 SC (Pt. III) p. 103, (2013) 6 NWLR (Pt. 1349) 50; NURTW & Anor v. R.T.E.A.N & 5 Ors.(2012) 1 SC (Pt. II) p. 119 (2012) 10 NWLR (Pt. 13 (7) 170.

“Jurisdiction is so fundamental and so it may be raised in the trial Court or Court of Appeal or in the Supreme Court for the first time.”

5. Rt. Hon. Abdulahi Bello & Anor Vs Hon. Yusuf Ahmed Tijani Damisa & Ors (2017) 2 NWLR (PART 1550) 455 AT 475 B – Eper SANUSI, J5C who said:

“Issue of jurisdiction is a threshold issue which obviously is of paramount importance and therefore when raised, it must be looked into first or at least at the earliest opportunity, more especially because any proceedings conducted without jurisdiction, no matter how well it is conducted, is a nullity.

See Elugbe v. Omokhafe (2004) 11-12 SC 60; (2004) 18 NWLR (Pt. 905) 319. Before a Court can be said to be competent to have jurisdiction in respect of matter be it an appeal or case of first instance, it must be satisfied of the existence of the underlisted 6 conditions, namely:

(a) It must be properly constituted with regard to the number and qualification of the members,

(b) The subject matter of the action must be within its jurisdiction

(c) The action or appeal is initiated by due Process of law and;

(d) Any condition precedent to the exercise of its jurisdiction must have been fulfilled or met.

See Madukolu v. Nkemdilim (1962) 1 All NLR (Pt.4) 587: (1962) 2 SCNLR 341; Dangana& Anor v. Usman & 4 Ors (2012) 2 SC (Pt. III) 103; (2013) 6 NWLR (Pt. 1349) 50: N.U.R.T.W. & Anor v. R.T.E.A.N. &Ors (2012) 1 SC (Pt. II) 119; (2012) 10 NWLR (Pt. 1307) 170.”

-PER P. O. IGE,, J.C.A

 

 

 

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JURISDICTION OF COURT – DETERMINATION OF THE JURISDICTION OF A COURT OR TRIBUNAL TO ADJUDICATE OVER A CIVIL MATTER

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“In civil matter it is the claims or reliefs as endorsed on the writ of summons and statement of claim that determine the jurisdiction of the Court or Tribunal seised of the matter. As a corollary to this, it is also the reliefs of the Plaintiff as claimed on an originating summons and Affidavit(s) in support thereof that determine the jurisdiction of the Court to adjudicate on the Originating Summons. I call in aid the cases of:

1. Goyang Kayili Vs Esly Yilbuk & Ors (2015) 7 NWLR (Part 1457)26 538 per OGUNBIYI, JSC who said:

‘It is the plaintiffs claim in a matter that determines the jurisdiction of the Court. See Rt. Hon. Chibuike Rotimi Amaechi v. INEC (No.1) 18 NWLR (pt. 1065) 42 at 48. See also Akinfolarin v. Akinnola (1994) 3 NWLR (pt. 335) 659 and Adeyemi v. Opeyori (1976) 9  10 SC 31 at 51.”

2. Alhaji Jibrin Isah Vs INEC & Ors (2016) 18 NWLR (PART 1544) 175 AT 2230 where my Lord, RHODES – VIVOUR, JSC had this to say:

“It is a fundamental principle that jurisdiction is determined by the claimant/plaintiffs claim and not by the defence, and so the writ of summons and statement of clam which contains the claim before the Court are the documents that must be examined in detail to ascertain whether it comes within the jurisdiction conferred on the Court where the originating process is an originating summons jurisdiction is determined by considering the questions, reliefs and affidavit filed in support.

-PER P. O. IGE, J.C.A

 

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COURT, JURISDICTION, PRACTICE AND PROCEDURE JURISDICTION OF COURT – WHETHER A COURT OF COORDINATE JURISDICTION IS EMPOWERED TO APPRAISE, REAPPRAISE, MODIFY OR GIVE DIFFERENT IMPRESSION OF A JUDGMENT OR EVEN SIT AS AN APPELLATE COURT ON SAME

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“To my mind the whole gamut of the questions postulated for answers and the reliefs sought therein were in effect an invitation to the lower Court to sit over the judgments of Courts of coordinate jurisdiction and to sit as appellate Court on the judgments of his learned brothers which he could not rightly do under the Constitution of the Federal Republic of Nigeria and the law. If a judgment does not meet the claim of the party or it is not as favourable to his interest as he may have fathomed out, the option open to him is to appeal the judgment and not to approach Courts of coordinate jurisdiction to appraise, reappraise, modify or give different impression of what the judgment given in his favour or against him conveys with a view to obtaining more favourable decision from the other Courts of the same status. The latter Court will lack the jurisdiction to intervene. See:-

1. Hon. A.G. Of Lagos State Vs The Hon. A.G. Of The Federation & Ors (2014) 4 SCM 1 AT 41F TO 42A, 50G-G and 73I TO 74 A – B;

2. SPDC (Nig) Ltd Vs Chief Tigbara Edamkue Ors (2009) 14 NWLR (PART 1160) 1 AT 28F-H TO 29A per OGBUAGU, JSC.”

-PER P. O. IGE, J.C.A

 

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ENFORCEMENT OF JUDGMENT – MODE OF ENFORCEMENT OF JUDGMENT

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“Judgment can only be enforced against a person against whom judgment is given and it is enforceable by the Court that gives or had given such enforceable executory judgment and not through institution of an action or suit. It is for the 1st Respondent to approach the FCT High Court to enforce its judgment if there is any enforceable or executory judgment against any of the 2nd – 8th Respondents or the Appellant. See Chief Ujile D. Ngere & Anor vs Chief J. W. Okuruket “Xiv” & Ors (2014) 11 NWLR (part 1417) at 173 C – H per RHODES- VIVOUR, JSC who said:-

The Court of Appeal granted a perpetual injunction restraining the applicants from laying any claim to the stool of Okan-Area of Ngo yet while that order still stands the 1st applicant in his affidavit introduced himself as of the Palace of Okan-Ama Ngo. This amounts to disobedience of the orders of the Court of Appeal. The question to be answered is whether the applicant (who is now a contemnor) should be heard and can be entitled to the discretion of this Court? Section 287(3) of the Constitution reads:

“287(3) The decisions of the Federal High Court, the National Industrial Court, a High Court and of all other Courts established by this Constitution shall be enforced in any part of the federation by all authorities, and persons, and by other Courts of law with subordinate jurisdiction to that of the Federal High Court, the National Industrial Court, a High Court and those other Courts, respectively.”

The judgment of a Court of competent jurisdiction subsists until upset on appeal. While the judgment subsists every person affected by it or against whom an order is made must obey it even if it appears wrong. Judgments take effect immediately they are delivered and every Court has inherent power to proceed to enforce judgments at once.

The enforcements on delivery can only be interrupted by a stay of execution provided there is an appeal. PER P. O. IGE, J.C.A

 

 

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JUDGMENT OF COURT – PARTIES ARE BOUND TO OBEY COURT ORDERS THAT ARE CLEAR AND UNAMBIGUOUS AS THE JUDGMENT OF A COMPETENT COURT OF LAW

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“Parties are thus bound to obey Court orders that are clear and unambiguous, notwithstanding the fact that the order may be wrong. So long as a party refuses to implement or obey a Court order he would not be given a hearing in any subsequent application.

See Odogwu v. Odogwu (1992) 2 NWLR (Pt. 225) p.539; Governor of Lagos State v. Ojukwu (1986) 3 NWLR (Pt. 26) p.39.” (underlined mine)

The 1st Respondent’s suit was/is in clear breach of the provisions of the Sheriff and Civil Process Act and Judgments Enforcement Procedure Rules all pertaining to method of enforcing monetary judgments. See:-

1. Government Of Gongola State Vs Alhaji Umaru Abba Tukur (1989) 9 SC 105 AT 122 – 123 per NNAEMEKA-AGU, JSC who said:-

“In the case of Akunnia v. Attorney-General of Anambra State (1977) 5 S.C. 161, at p. 177, this Court came to the same conclusion where it drew a distinction between an executory and a declaratory judgments. Both must be obeyed but it is only the former that can be executed: such an execution may be stayed. The question is whether the judgment in this case is among those that were capable of execution.

Now what is the meaning of execution? I think execution simply means the process whereby a judgment or order of a Court of law is enforced or given effect to according to law. Our Sheriffs and Civil Process Act (Cap 189) Laws of the Federation, 1958,deals elaborately with process for execution that are recognised at law. Just as judgments can often be executed according to the provisions of that Act or the corresponding Laws of a State; it is only those judgments that are capable of execution that their execution can be stayed. -PER P. O. IGE, J.C.A

 

 

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ENFORCEMENT OF JUDGMENT – MODE OF ENFORCEMENT OF TYPES OF JUDGMENTS

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“I therefore wish to begin my consideration of the main issue raised by this appeal by pointing out that although every judgment of a Court must be obeyed and is effective from the date of its delivery or from such a date as the judgment itself appoints the method of enforcement of a particular judgment depends upon the type of judgment. In the sum:-

(i) A judgment/order for payment of money may be enforced by a writ fiery facias, garnishee proceedings, a charging order, a writ of sequestration or an order of committal on a judgment debtor’s summons.

(ii) A judgment for possession of land may be enforced by a writ of possession, a writ of sequestration or a commits/order.

(iii) A judgment for delivery of goods may be enforced by a writ of specific delivery or restitution or their value, a writ of sequestration or writ of committal.

(iv) A judgment ordering or restraining the doing of an act may be enforced by an order of committal or a writ of sequestration against the property of the disobedient person.

For these see Sections 20, 24, 25, 35, 38, 44, 55, 57, 58, 65, 82 and 83 of the Sheriffs and Civil Process Act (Cap. 189) Laws of the Federation – 1958.”

2. Chief M. O. Olatunji V Owena Bank Plc & Anor (2008) 8 NLWR (PART 1090) 668 AT 678H To 680 A per MUSDAPHER, JSC later CJN (Rtd,) of blessed memory who said:-

Now: it is agreed by both the appellant and the respondents that the relevant statutory provisions that fall for consideration in this appeal are; Section: 20(1) of the Sheriffs and Civil (Process) Act and Section 20(2) and Order IV Rule 1(1) and 2 of the Judgment Enforcement) Rules made pursuant to Section 94 of the aforesaid Act. The provisions read: –

“Section 20(1)

Any sum of money payable under a judgment of a Court may be recovered, in case of default or failure of payment thereof forthwith or at the time or times and in the manner thereby directed, by execution against the goods and chattels and the immovable property of the judgment debtor in accordance with the provisions of this Act.

Section 20 (2)

The Registrar on the application of the judgment creditor shall cause to be issued a writ of attachment and sale whereby the Sheriff shall be empowered to levy or cause to be levied by distress and sale of goods and chattels, wherever they may be found within the division or district of the Court, the money payable under the judgment and the costs of the execution. Order IV Rule I and Rule II Judgment (Enforcement) Rules made pursuant to Section 94 of the Act read.

Rule 1

No writ of possession shall be issued until after the expiration of the day on which the defendant is ordered to give possession of the land, or, if no day has been fixed by the Court for giving possession, until after the expiration of fourteen days from the day which the judgment is given”

Now, considering these provisions, the question may be asked when does a judgment to pay a sum of money become recoverable. Can a judgment creditor apply for a writ of fifa immediately a judgment is pronounced or must a judgment creditor wait for a default or failure to satisfy the judgment debt or must the judgment creditor wait for 14 days or 3 days after the judgment?

In my view, unless the Court otherwise orders a judgment of Court to pay money takes effect from the day it is pronounced or delivered in Court. However, the Court at the time of making any judgment or order/ or at any time afterwards may direct the time within which the payment or other act is to be made or done. A person directed by a decree or order of Court to pay money or to do any other act is bound to obey the decree or order: without any demand for payment or performance and if no time is therein expressed he is bound to do so immediately the decree or Order is pronounced. PER P. O. IGE, J.C.A

 

 

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NON- COMPLIANCE WITH STATUTORY PROVISION – CONSEQUENCES OF NON- COMPLIANCE WITH STATUTORY PROVISION

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“The law is settled that where procedure is laid down for the attainment of a legal right or thing that procedure and none other should be followed. See:-

1. Festus Ibidapo Adesanoye & Ors Vs Prince Francis Gbadebo Adewole (2006) 14 NWLR (Part 1000) 242 AT 269A  E per NIKI  TOBI, JSC who said:-

Where a statute clearly provides for a particular act to be performed; failure to perform the act on the part of the party will not only be interpreted as a delinquent conduct but will be interpreted as not complying with the statutory provision.

In such a situation, the consequences of non- compliance with the statutory provision follow notwithstanding that the statute did not specifically provide for a sanction. The Court can, by the invocation of its interpretative jurisdiction, come to the conclusion that failure to comply with the statutory provision is against the party is default.

2. Agip (Nigeria) Ltd Vs Agip (Petroli) International & Ors (2010) 5 NWLR (PART 1197) 347 AT 419 H TO 420 A per ADEKEYE, JSC who said:-

More important is that where statute or rule of Court provides for a procedure for the commencement of an action, failure to follow that procedure renders any suit commenced otherwise incompetent.

In the case of Obasanjo v. Yusuf (2004) 9 NWLR (Pt. 877 Pg. 144 at page 221, the Court decided that:

“It is elementary law that a plaintiff in the commencement of an action, must comply strictly with the provisions of the enabling law. He cannot go outside the enabling law for redress.”

-PER P. O. IGE, J.C.A

 

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WORDS AND PHRASES, COURT ABUSE OF COURT PROCESS – MEANING OF AN ABUSE OF COURT PROCESSES

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“I am of the firm view that this action is an excursion in deep-seated abuse of Court Process particularly in view of the Federal Capital Territory High Court decision still subsisting in favour of the 1st Respondent. See:-

1. Chief Great O. Ogboru & Anor V Dr. E. E. Uduaghan & Ors (2013) 13 NWLR (PART 1370) 22 at 59 B – F per OGUNBIYI, JSC;

2. Timipre Sylva Vs INEC & Ors (2015) 16 NWLR (PART 1486) 576 AT 623 – 624 G – C per NGWUTA, JSC.

3. Hon. Justice Titus Adeniyi Oyeyemi Rtd & Ors Vs Hon. Timothy Owoeye & Ors (2017) 12 NWLR (Part 1580) 364 AT 397 C – H per BAGE, J5C who said:-

“The logic of judicial sanctity dictates that the earlier suit and its appeal ought to be rested and decided one way or the other including whether or not the appeal was validly withdrawn. By instituting another action which embodies the issues as in the earlier action on appeal makes the later manifestly an unpardonable abuse of Court process.

This Court has succinctly enunciated in Ntuks v. NPA (2007) 13 NWL.R (Pt..1051) 392 at 419-420, paras. H-C on the meaning of abuse of Court process and held that:

“Abuse of Court process generally means that a party in litigation takes a most unusual and precipitates action in the judicial process for the sake of action qua litigation, merely to waste valuable litigation time. It is an action which could be avoided by the party without doing any harm to the matter in dispute. The process of the Court is used malafide merely to overreach the adversary to the direct annoyance of the Court. The Court process is initiated with malice or in some premeditated or organized vendetta, aimed at frustrating either the quick disposal of the matter or the abatement of the matter for no good cause. The Court process could also be said to be abused where there is no iota of law supporting it. In other words, the Court process is premised or founded on frivolity or recklessness.”

-PER P. O. IGE, J.C.A

 

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CASES CITED

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1. Chief Great O. Ogboru & Anor V Dr. E. E. Uduaghan & Ors (2013) 13 NWLR (PART 1370) 22 at 59 B – F

2. Timipre Sylva Vs INEC & Ors (2015) 16 NWLR (PART 1486) 576 AT 623 – 624 G – C

3. Hon. Justice Titus Adeniyi Oyeyemi Rtd & Ors Vs Hon. Timothy Owoeye & Ors (2017) 12 NWLR (Part 1580) 364 AT 397 C – H

4. Madukolu v. Nkemdilim (1962) 1 All NLR (Pt.4) 587: (1962) 2 SCNLR 341;

5. Dangana& Anor v. Usman & 4 Ors (2012) 2 SC (Pt. III) 103; (2013) 6 NWLR (Pt. 1349) 50:

6. N.U.R.T.W. & Anor v. R.T.E.A.N. &Ors (2012) 1 SC (Pt. II) 119; (2012) 10 NWLR (Pt. 1307) 170.”

 

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STATUTES REFERRED TO

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Constitution of the Federal Republic of Nigeria, 1999 (as amended)

Court of Appeal Rules 2016

Judgments Enforcement Procedure Rules

 Lagos State High Court (Civil Procedure) Rules, 1994

Sheriff and Civil Process Act, (Cap 189) Laws of the Federation, 1958

 

 

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