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Before Their Lordships
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria
PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria
PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria
Between
THE ATTORNEY GENERAL OF THE FEDERATION OF NIGERIA – Appellant
AND
THE ATTORNEY GENERAL OF ANAMBRA STATE – Respondent
…………………….A…………………….
JOHN INYANG OKORO, J.S.C. (Delivering the Lead Ruling): This is Ruling on motion on notice dated 28th February 2016 but filed on 29th February 2016 by the defendant/applicant. The said motion, which is brought, pursuant toSection 232 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 97 and 99 of the Sheriff and Civil Process Act, prays for the following reliefs
FOR AN ORDER pursuant to Section 232 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) striking out this suit for want of jurisdiction on the ground that the dispute does not involve Nigeria as a Federation on the one hand and Anambra State Government on the other, but rather involves a dispute between the Federal Ministry of Lands, Housing and Urban Development over allocation of land made by the Governor of Anambra State.
IN THE ALTERNATIVE:
ii FOR AN ORDER pursuant to Section 97 and 99 Sheriff and Civil Process Act setting aside the writ of summons and all other processes served on the Defendant at the office of the Attorney General Anambra State, Awka Anambra State on the ground that
(a) The Writ of summons and the Statement of Claim were not marked for service outside Abuja being the seat of the Court.
(b) The Writ of Summons did not accord the Defendant the mandatory period of not less than 30 days within which to enter appearance.
IN THE FURTHER ALTERNATIVE AND IN THE EVENT OF THE COURT NOT GRANTING (1) AND (11) ABOVE:
(iii) FOR AN ORDER of extension of the time within which the Defendant may be allowed to enter appearance and file the requisite defence to this suit.
And for such orders or further Orders as the Supreme Court may deem fit to make in the circumstance.”
The grounds upon which the application is anchored are that:
“i. Based on the facts disclosed on the Statement of Claim, there is no dispute between the Federation and Anambra State Government.
ii. The Court processes served on the Defendant especially the Writ of Summons and Statement of Claim served on the Defendant’s office in Awka, Anambra State were not endorsed for service outside Abuja.
iii. The Defendant was not allowed a period of not less than 30 days to enter appearance and file the necessary papers in defence.
iv. Defendant is questioning the jurisdiction of the Supreme Court to adjudicate over the matter and thus did not comply with the directive of the writ of summons as regards entering appearance.
In support of the motion is an eight paragraphs affidavit deposed to by Obinna Onya Esq., Legal Practitioner in the Law firm of lkpeazu Chambers handling this matter for the defendant/applicant. Exhibit AG1, AG2 and AG3 are annexed to the supporting affidavit filed on 29/2/16 along with the motion on notice. Applicant also filed further affidavit on 17/7/17. On 24/2/17, the applicant filed written address and a reply on 3/3/17. At the hearing of this motion on 26/9/17 which was moved by learned senior counsel, Onyechi Ikpeazu, SAN, leading others for the defendant/applicant, he urged the Court to grant the application and strike out the suit.
On behalf of the Plaintiff/Respondent Chief Mike Ozekhome, SAN, with other counsel with him, identified a counter affidavit of six paragraphs filed on 9/5/16 deposed to by Godwin Iyinbor Esq., counsel in the law firm of Mike Ozekhome Chambers. He also filed a written address on 24/2/17 in opposition to the motion of the defendant. He adopted and relied on these documents and urged the Court to refuse the application
A brief facts leading to the filing of this motion will throw more light on the application.
By an endorsement on the Writ of Summons and Statement of Claim filed on 9th November, 2015, the Plaintiff being the Attorney General of the Federal Republic of Nigeria while invoking the Original jurisdiction of the Supreme Court of Nigeria, prayed as follows:
“17. (a) A Declaration that the 148.337 Hectares of land at Amansea, Awka North Local Government Area, Anambra State, comprising Federal Government sites and services scheme, Amansea/Awka was lawfully acquired by the Federal Government of Nigeria in 1992, under the Land Use Act of 1978 (as amended).
(b) A Declaration that the Federal Government of Nigeria had duly paid the required compensation that was assessed to the knowledge of and active collaboration with the Anambra State Government.
(c) A Declaration that the Federal Government of Nigeria had duly granted Statutory Rights of Occupancy to her Allotees and
IN THE ALTERNATIVE:
ii FOR AN ORDER pursuant to Section 97 and 99 Sheriff and Civil Process Act setting aside the writ of summons and all other processes served on the Defendant at the office of the Attorney General Anambra State, Awka Anambra State on the ground that
(a) The Writ of summons and the Statement of Claim were not marked for service outside Abuja being the seat of the Court.
(b) The Writ of Summons did not accord the Defendant the mandatory period of not less than 30 days within which to enter appearance.
IN THE FURTHER ALTERNATIVE AND IN THE EVENT OF THE COURT NOT GRANTING (1) AND (11) ABOVE:
(iii) FOR AN ORDER of extension of the time within which the Defendant may be allowed to enter appearance and file the requisite defence to this suit.
And for such orders or further Orders as the Supreme Court may deem fit to make in the circumstance.”
The grounds upon which the application is anchored are that:
“i. Based on the facts disclosed on the Statement of Claim, there is no dispute between the Federation and Anambra State Government.
ii. The Court processes served on the Defendant especially the Writ of Summons and Statement of Claim served on the Defendant’s office in Awka, Anambra State were not endorsed for service outside Abuja.
iii. The Defendant was not allowed a period of not less than 30 days to enter appearance and file the necessary papers in defence.
iv. Defendant is questioning the jurisdiction of the Supreme Court to adjudicate over the matter and thus did not comply with the directive of the writ of summons as regards entering appearance.
In support of the motion is an eight paragraphs affidavit deposed to by Obinna Onya Esq., Legal Practitioner in the Law firm of lkpeazu Chambers handling this matter for the defendant/applicant. Exhibit AG1, AG2 and AG3 are annexed to the supporting affidavit filed on 29/2/16 along with the motion on notice. Applicant also filed further affidavit on 17/7/17. On 24/2/17, the applicant filed written address and a reply on 3/3/17. At the hearing of this motion on 26/9/17 which was moved by learned senior counsel, Onyechi Ikpeazu, SAN, leading others for the defendant/applicant, he urged the Court to grant the application and strike out the suit.
On behalf of the Plaintiff/Respondent Chief Mike Ozekhome, SAN, with other counsel with him, identified a counter affidavit of six paragraphs filed on 9/5/16 deposed to by Godwin Iyinbor Esq., counsel in the law firm of Mike Ozekhome Chambers. He also filed a written address on 24/2/17 in opposition to the motion of the defendant. He adopted and relied on these documents and urged the Court to refuse the application
A brief facts leading to the filing of this motion will throw more light on the application.
By an endorsement on the Writ of Summons and Statement of Claim filed on 9th November, 2015, the Plaintiff being the Attorney General of the Federal Republic of Nigeria while invoking the Original jurisdiction of the Supreme Court of Nigeria, prayed as follows:
“17. (a) A Declaration that the 148.337 Hectares of land at Amansea, Awka North Local Government Area, Anambra State, comprising Federal Government sites and services scheme, Amansea/Awka was lawfully acquired by the Federal Government of Nigeria in 1992, under the Land Use Act of 1978 (as amended).
(b) A Declaration that the Federal Government of Nigeria had duly paid the required compensation that was assessed to the knowledge of and active collaboration with the Anambra State Government.
(c) A Declaration that the Federal Government of Nigeria had duly granted Statutory Rights of Occupancy to her Allotees and
…………………….B…………………….
Continue reading THE ATTORNEY GENERAL OF THE FEDERATION OF NIGERIA v. THE ATTORNEY GENERAL OF ANAMBRA STATE
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