Alh. Tijani Mohammed Danmallam V. Mrs. R. A. Idakula (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIOMA E. NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Leading Judgment)

The Appellant in this appeal was the plaintiff at the lower Court in an action he instituted against the Respondent as defendant claiming the following reliefs:

1) The sum of N80,000.00 arrears of mesne profit for being in use and occupation of the property situate at plots 15/16 Miango Road, Jos, Plateau State from the 27th day of December, 1991 to the date of filing the action.

2). The sum of N50,000.00 from the date of filing this suit against the Defendant until delivery thereof to the Plaintiff, the property situate and lying at plots 15/16 Miango Road, Jos, Plateau State, for being in use and occupation of the said property.

3). An order of Court that the defendant delivers up the property situate and lying at plots 15/16 Miango Road, Jos, Plateau State now being withheld by the defendant.

Pleadings were duly filed and exchanged. The matter went for trial before Damulak J, at the end of which the court entered Judgment for the Respondent and dismissed the claim of the appellant. This appeal is predicated on that Judgment.

Counsel for the Respondent Ugwuala Esq raised a preliminary objection that this appeal be struck out for being incompetent. He contended that both the original and amended Notices of Appeal and brief of argument were signed by Dr. S.S. Shikyil as solicitor to the Appellant.

That at all material time to this appeal, Professor S.S. Shikyil was a full time staff of the University of Jos where he is a senior Lecturer and Head of Department.

He argued that while Professor S. S. Shikyil remains so employed with the University of Jos an educational Institution fully owned and financed by the Federal Government of Nigeria, he is a public officer within the meaning of the word in the Constitution, by the provisions of Section 177, 318 Fifth Schedule parts I and II of the 1999 Constitution.

That being a Public Officer, Professor S. S. Shikyil is not entitled to engage in the Private Practice of the Legal Profession and as such cannot, while he remains in the full time employment of the University of Jos, validly sign the Notice of Appeal or other processes on behalf of the Appellant as a Legal Practitioner.

He submitted that having signed the Notice of Appeal in this matter where he is not entitled to Private law Practice, the said Notice of Appeal and other processes filed become null and void.

He cited FIRST BANK OF NIGERIA PLC & ANOR V. MAIWADA (2003) FWLR (PT. 151) 2001 AT 2014 – 2015 C – C.

NEW NIGERIA BANK PLC V. DENCLAG LTD. & ANOR. (2005) 4 NWLR (PT. 916) 549 AT 574.

JUSTICE F.O.M. ATAKE V. CHIEF NELSON A. AFEJUKU (1994) 9 NWLR (PT. 368) Page 379 at 427.