Joseph Mangtup Din V. Attorney-general Of The Federation (1988)

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L. UWAIS, J.S.C. 

By an ex-parte application brought under Order 1 rule 2(2) of the Fundamental Rights (Enforcement Procedure) Rules, 1979, the appellant was granted leave by the High Court of Plateau State, holden at Jos, to file an originating summons against the respondent claiming (as amended) as follows-

“1. A declaration that the purported forfeiture by the Federal Government of Nigeria of the Plaintiff’s land and buildings situate at Vodni Estate, Mararaba Pushit, near PANKSHIN in the Plateau State of Nigeria, and at the temporary site of the Federal Advanced Teachers’ College Pankshin is unconstitutional, illegal, null and void.

2. N6,019,631.00k being special damages comprising:-

(i) Mesne profits on the above estate for 9 years i.e. January, 1974 to December, 1983 at N280,000.00k per annum N2,520,000.00k;

(ii) Annual Bank Charges on Capital outlay for 9 years at 11% – N3,149,631.00k

(iii) Estimated cost of repairs and renovation – N350,000.00k.

3. The sum of N280,000.00k per annum or any proportions thereof as may be found due to the Plaintiff being mesne profits from January 1984 till judgment and thereafter until final payment to

the Plaintiff.

4. And/or in the alternative, an inquiry into the amount of compensation due to the Plaintiff from the entry of the Defendant and his agents into the Plaintiff’s property at Vodni – Estate, Mararaba Pushit in 1974 to date.
5. An order of Injunction restraining all officers and servants or agents of the Federal Government of Nigeria from continuing unlawfully to use the aforesaid land and buildings of the Plaintiff at Mararaba-Pushit, Plateau State of Nigeria without paying rents or compensation therefore.

Such further or other orders as the Court may deem appropriate.”

6. In the absence of the respondent entering appearance, judgment in default was given for the appellant. This was however set-aside on the application of the respondent who thereafter filed a counter-affidavit challenging the appellant’s claims. The case was tried on the affidavit of the appellant and the affidavit and counter-affidavit filed by the respondent.

The facts of the case may be stated as follows. In 1970 the Federal Military Government promulgated the Recovery of Public property (No.2) Act, 1970 by which the appellant forfeited some of his assets to the Federal Military Government. The 1970 Act was amended in 1972 by the Recovery of Property (Amendment) Act, 1972, which took effect retrospectively from the date that the 1970 Act came into force, namely, 24th December, 1970. Sections 1 and 2 of the 1970 Act, as amended, read thus-

1. Relevant assets for the purpose of this Decree are assets which are or purport to be the property of –

(a) a person known or formerly known as Captain Din, or

(b) a company known as Nitico, or

(c) any other person or body corporate or in-corporate accused with the said Captain Din in criminal proceedings which terminated at Lagos in the year 1970.

2. Where any relevant assets are held by the Nigeria Police, it shall be the duty of the Inspector-General of the Nigeria Police to cause those assets to be sold and to cause the proceeds of the sale to be paid into the Consolidated Revenue Fund of the Federation.”

In 1959 the appellant began to acquire a tract of land measuring about 7 hectares at Mararaba-Pushit in Mangu Local Government Area of Plateau State. In January, 1974 part of the land was entered into by officers, servants and agents of the Federal Ministry of Education and the Federal Advanced Teachers’ College, Pankshin, Plateau State without the consent or permission of the appellant. As no oral evidence was adduced and the dispute between the parties in this case was tried by the High Court on the affidavits and counter-affidavit filed by the parties, it becomes necessary to have recourse in extenso to the depositions therein. Paragraphs 1 to 7 inclusive and paragraph 15 of the affidavit sworn to by the appellant state as follows –

“1. The Defendant is sued as the Chief Legal Officer of the Federal Government of Nigeria including its Ministries, and in particular as representing the Federal Ministry of Education, and the Federal Advanced Teachers’ College, Pankshin. That I am the beneficial owner of14 acres (approximately 7.1205 hectares) of land and buildings which form the subject-matter of this action situate at Mararaba-Pushit in Mangu Local Government Area, 20 kilometres from Pankshin on the PANKSHIN-SHENDAM-JOS ROAD, north of Jos Township in PLATEAU STATE of Nigeria, and more particularly delineated in the site Plans attached to the Certificate of Occupancy Nos. 944/82 and 945/82 dated 30th November, 1982 issued to me by the Mangu Local Government Council, annexed herewith, and marked