Prof. N.W. Gomwalk & Ors V. Prof. Vincent Nnamdi Okwosa (1998)

LawGlobal-Hub Lead Judgment Report

PROFESSOR VINCENT NNAMDI OKWOSA OGUNTADE, J.C.A

Delivering the Leading Judgment): At the Jos High Court of Plateau state, the present appellants as applicants brought an application wherein they prayed for “An order setting aside the writ of attachment issued by the court pursuant to its judgment of 5th July, 1996.”

The appellants stated that the ground upon which the application was based was

“The fiat of the Attorney-General of the Federation has not been first had and obtained before the issuance of the writ of attachment on or about the 12th day of July 1996.”

In the affidavit in support of the application, a litigation clerk in the chambers of Miskom Puepet and Co. deposed thus:

“(1) I am informed by Paschal N. Mammo Esq. of counsel and I verily believe him that

(a) Judgment was given in favour of the respondent on the 5th of July, 1996 and on the instructions of the applicants, filed an appeal against the judgment on the 15th day of July, 1996.

(b) While processing the appeal papers at the registry of this Court, he discovered that the honourable court had issued by signing, an application of the respondent, a writ of attachment against the applicants.

(c) He immediately contacted the 1st and 15th applicants to confirm if the Attorney-General of the Federation has granted a fiat to the respondent to levy execution on the properties of the University and the other applicants.

(d) The 1st and 15th applicants informed him that they are unaware of any fiat.

(e) He further telephoned the Attorney-General’s office where he has a classmate to check if their office had granted any fiat to levy execution against the University of Jos and its named staff to which he found none as between the 5th up to 23rd, July, 1996.

(f) The applicants were sued as members of the APPOINTMENTS COMMITTEE SENIOR STAFF OF the University of Jos.’

(g) The Committee is an administrative organ of the 20th applicant and the 20th applicant is a creation of the Federal Government vide Decree No. 82 of 1969 funded and controlled wholly by the Federal Government with the Head of State of Nigeria as a visitor, its controlling Ministry being the Federal Ministry of Education.

(h) The judgment on damages was neither expressed to be several and/or jointly by the court.