MILITARY GOVERNOR, LAGOS STATE AND ORS VS CHIEF EMEKA ODUMEGWU OJUKWU

CORAM

S.M.A. BELGORE JUSTICE, SUPREME COURTI.L. KUTIGI JUSTICE, SUPREME COURTE.O. OGWUEGBU JUSTICE, SUPREM

PHILIP NNAEKEMA-AGU

SAIDU KAWU, JUSTICE, SUPREME COURT

CHUKWUDIFU AKUNNE OPUTA, JUSTICE, SUPREME COURT

PARTIES

MILITARY GOVERNOR, LAGOS STATE THE POLICE COMMISSIONER OF LAGOS STATETHE ATTORNEY-GENERAL OF LAGOS STATE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

An application made by the respondent came before the High Court of Lagos State seeking interim injunction restraining the Lagos state government from ejecting the respondent from his house. The respondent swore to an affidavit before the High Court that the house belonged to his father after whose death he became the owner of the house. The learned judge granted the interim order for injunction on the grounds of his ownership of the house and impending threat to evict him. The respondent later said the property belonged to Ojukwu Transport Company owned, by his late father. The learned trial judge refused equitable relief of injunction against the Lagos State Government on the ground that the property was an abandoned property and that the respondent had failed to show that he had a legal right or interest in the property. The learned judge also said that Ojukwu had not come to equity with clean hands. There was an application by Ojukwu Transport Limited) as a party interested before the Court of Appeal, asking for leave to appeal against the Ruling of the High Court and an application by the respondent seeking that he be reinstated in his residence. The court ordered that Ojukwu be reinstated into the property, following the forcible ejection which the Lagos State Government termed self-help. The Lagos State Government appealed to the Supreme Court.

HELD

The appeal was dismissed.

ISSUES

The remedy of interlocutory injunction is not available for an act which has been carried out and concluded.

RATIONES DECIDENDI

FLOUTING OF POSITIVE ORDERS OF A COURT

“I think it is a very serious matter for anyone to flout a positive order of a court and proceed to taunt the court further by seeking a remedy in a higher court while still in contempt of the lower court.” Per KAYODE ESO, JSC.

Executive lawlessness is tantamount to a deliberate violation of the Constitution

“I think, for one organ, and more especially the Executive, which holds all the physical powers, to put up itself in sabotage or deliberate contempt of the order is to stage an executive subversion of the Constitution it is to uphold. Executive lawlessness is tantamount to a deliberate violation of the Constitution.” Per KAYODE ESO, JSC.

The essence of rule of law

“The essence of rule of law is that it should never operate under the rule of force or fear. To use force to effect an act and while under the marshal of that force, seek the court’s equity, is an attempt to infuse timidity into court and operate a sabotage of the cherished rule of law. It must never be!.” Per KAYODE ESO, JSC.