Alhaji Abubakar Sadiq Salihu V. Philip Y. Chibok (1999)

LawGlobal-Hub Lead Judgment Report

UMOREN, J.C.A.

The appellant in this appeal was the defendant in Suit No.M/189/95 in the High Court of Maiduguri. The respondent as plaintiff in that court had sued the appellant as defendant in that court claiming reliefs as set out in paragraph 21 of his further amended statement of claim; that is to say:-

21. WERE OF the plaintiff claims as follows:-

(a) N156,.040.00 equivalent of $1,880.00 being estacode allowance at N83.00 per a $ during the conversion rate as at April 1995.

(b) Interests at the rate of 32% from 31st March, 1992 to 31st December, 1993 and 21% from 1st January, 1994 until judgment.

(c) 10% interest at court rate from the date of judgment till the entire judgment debt is liquidated.

(d) N100,000.00 Special and General damages.

(e) Further or other reliefs.

What gave rise to this action according to the plaintiff is that he was the sole representative of Borno State Sports Council and represented the Council at the international football match between El-Kanemi Warrior Football Club, Maiduguri with with sports Elec-Football Club of Congo Brazaville. The match took place at Pointe Noire on 14-3-92. The journey to and fro took six days. The appellant was paid in respect of all the delegates that went to Congo for the championship a sum of $17.425 in March 1992 by cheque.

The respondent being one of the delegates claim a sum of $2,380 for seven days out of the $17,425. The respondent admitted that $600 was paid to him by one Kachalla Gana at the lobby or Coomos Hotel Brazaville on the instruction of the defendant on 12/3/92 at about 10.00 a.m. The respondent asserts that he was at Brazaville, made to pay $100 for a night to Pointe Noire. He was left with $500 leaving altogether a balance of $1,880 in his favour in the hands of the appellant. The appellant had promised he would pay the balance on return to Nigeria. On arrival in Nigeria, the appellant failed, refused and/or neglected to pay over the balance $1,880 to the respondent despite repeated petitions to the then Governor and later the Military Administrator of Borno State.

Wherefore the respondent as plaintiff in the lower court brought an action claiming as set out above. The respondent claims that 5 of the six delegates who went to Congo Brazaaville were also not paid the balance of their estacode.

The appellant who was defendant in the court below between 2-2-92 and 6-9-93, was Commissioner for Home Affairs, Information, Youths, Sports and Culture. He was the leader of the Team and the delegation for the Football match in Congo in 1992 with the respondent representing the Director of Sports Council, Maiduguri. Appellant denies ever holding any money for any member of the team; he was not involved in the preparation of the estimates for the cost of the trip. He was paid $2.000 plus. He never collected $17,000 or any money for members of the team, for the trip to Congo. He admitted the second leg of the match was played in Lagos and the respondent was not a delegate.

Both counsel addressed the court.

The court after its findings entered judgment for the plaintiff and made the following orders:

“1.(a) The defendant is to pay to the plaintiff the sum of N156,040 or U.S. Dollars 1,880 its equivalent as claimed.