MILITARY GOVERNOR, LAGOS STATE & ORS v. OJUKWU

Before Their Lordships:

Between

MILITARY GOVERNOR,LAGOS STATE &ORS(APPELLANT)

AND

CHIEF EMEKA ODUMEGWU OJUKWU (RESPONDENT)

……………………………A……………………………

On October 10, 1985 an exparte application was brought before the High Court by the respondent seeking interim injunction restraining the Military Governor of Lagos State, the Commissioner of Police, Lagos State and the Attorney-General, Lagos State from ejecting him and members of his family from No. 29 Queens Drive, Ikoyi. The trial Judge granted the interim order for injunction on the grounds of the respondent’s ownership of the house and impending threat to evict him. The matter then moved to one of notice to the applicants at this stage the respondent now contended that the property at 22 Queen’s Drive belonged to Ojukwu transport company owned by his late father. The learned trial Judge refused to grant equitable relief of junction against the Lagos State Government on the ground that the property is an abandoned property and that the respondent had failed to show that he had a legal right to or interest in the property.

On an appeal to the Court of Appeal against this decision Ojukwu Transport Limited applied to be joined as a party interested in the matter. Pending this appeal the Lagos State Government resorted to self help and evicted the respondent notwithstanding the fact that his application was pending before the Court of Appeal. The Court of Appeal therefore held that the right of self-help ended when issues were turned over to the Court and therefore ordered the reinstatement of the respondent into the company.

The Lagos State Government refused to comply with this order and instead appealed to the Supreme Court on the ground that the remedy of interlocutory injunction is not available for an act which has been carried out and concluded.

HELD:

1. Kayode Eso, J.S.C.-“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. It is more serious when the act of flouting the order of the court, the contempt of the court, is by the Executive under the Constitution of the Federal Republic of Nigeria 1979, the Executive, the Legislature (while it lasts) and Judiciary are equal partners in the running of a successful government… The organs wield powers and one must never exist in sabotage of the other or else there is chaos.”
2. While the contempt of the Court of Appeal by the applicants is still subsisting, it would be inequitable to give consideration to the application of the applicants.
3. It is trite law that a party has no right to take matters into his own hands once the court is seized of it.

Application dismissed.