S. A. Olawale V. The Attorney-general Of The Federation & Anor. (1971)

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Parties

S.A. OLAWALE  Appellant(s)

AND

1. THE ATTORNEY-GENERAL OF THE FEDERATION
   2. TOTAL OIL PRODUCTS (NIGERIA) LIMITED) Respondent(s)

FATAI-WILLIAMS, J.S.C. 

The plaintiff, now appellant, is a transporter and owner of a bus bearing the identification No. LF.3995. On 20th December, 1965, at Sapele, the plaintiff’s driver (1st PI/W) obtained a ticket (ex.E) for 9-7 for the purpose of conveying the said bus from the Sapele side of the River Ethiope to the Benin side of the said River on the MB. “SAPO”, a ferry owned by the Federal Ministry of Transport. The plaintiff’s bus together with an oil tanker (identification No. LJ. 5405) and other vehicles were duly put on the said ferry. At about 10 p.m. with all the vehicles still on the ferry, the oil tanker, while being repaired by its driver, caught fire. The fire quickly spread to the plaintiff’s bus before it could be taken off the ferry. As a result of the fire, both the oil tanker and the bus were completely destroyed. Whereupon the plaintiff in Suit LD/108/1968 commenced proceedings by petition of right in the High Court of Lagos wherein he claimed against the two defendants jointly and severally the sum of 5,970pounds as damages suffered as a result of the destruction of his vehicle.

The particulars of claim read –

“1. To cost of the vehicle 1,700

2. To building of its body 120
3. To cost of rebuilding to bus 500
4. General damages 3,650

Total 5,970

In order to institute the proceedings against the Federal Ministry of Transport, the plaintiff had to comply with the provisions of section 3 of the Petitions of Right Act (Cap. 149 of the Laws of the Federation and hereinafter referred to as the Act) which read –

“All claims against the Government of the Federation or against any Ministry or department thereof, being of the same nature as claims which before the commencement of the Crown Proceedings Act 1947 of the Parliament of the United Kingdom might in England have been preferred against the Crown by petition, manifestation or plea of right may, with the consent of the Attorney-General of the Federation, be preferred in a High Court having original jurisdiction in respect thereof or if the Supreme Court has such jurisdiction, in that Court, in a suit instituted by the claimant as plaintiff against such person as the said Attorney-General may designate, as defendant, for the purpose.”

Pursuant to the above provisions a statement of claim in which the Attorney-General of the Federation was sued jointly with the Total Oil Products (Nigeria) Limited was filed in accordance with the procedure laid down in section 4 of the Act. This section reads –

“4 (1) The claimant shall not issue a writ of summons, but the suit shall be commenced by the filing of a statement of claim in the court and the delivering of two copies thereof at the office of the Attorney-General of the Federation and no fee shall be payable on filing or delivering such statement.

(2) The decision of the Attorney-General of the Federation shall be conclusive and, if he gives his consent, one copy of the statement of claim with his fiat endorsed shall be returned to the court having original jurisdiction; and the claim shall be prosecuted in that court.”

The Attorney-General duly gave his consent and signified this in a letter dated 20th October, 1969, addressed to the Registrar, High Court, Lagos. Having regard to the provisions of section 4 of the Act referred to above, we must observe that the Attorney- General must be deemed to have seen a copy of the statement of claim before giving his consent.