Abraham Eje & Ors V. Hon. Minister, FCT & Anor (2007)

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OLUFUNLOLA OYELOLA ADEKEYE, J.C.A.

This is an appeal against the Ruling of the Federal High Court Abuja Division delivered on the 11th of December 2001.

The Appellants, Abraham Ejeh, Alhaji Issa Ndako, Musa Audu, Saudu Umar Nassarawa, Chigbo R.I., Mbibi L.M and Ukpana E. Isaiah, as Plaintiffs before the Federal High Court filed an action wherein they claimed against the Respondents -The Minister, Ministry of Federal Capital Territory, and the Federal Capital Territory Development Authority jointly and severally as follows:-

(a) A declaration that the 1st defendant did not comply with the provisions of Decree 17 of the 1984 in removing the plaintiffs from office.

(b) A declaration that their removal from office was contrary to the constitution, the FCDA Act, the Civil Service Rules and therefore null and void.

In the ruling delivered on 11/12/01 the lower court held that there was merit in the defendants notice of preliminary objection dated 7th of June 2000 declined jurisdiction and subsequently dismissed the suit.

Being aggrieved by the decision of the lower court the appellants lodged an appeal to this court.

Parties complied with the procedure of appeal as stipulated in the Court of Appeal Rules 2002. Briefs were filed and exchanged. At the hearing of the appeal the appellant relied on the appellant’s brief of argument filed on 28/1/03.

In the brief the appellant distilled two issues for the determination of this court as follows:-

(1) Whether ouster clauses were still applicable in Nigeria courts on the 15th of January 1999 when the appellants appointments were terminated by the Respondents despite the provisions of Article 7 of the African Charter on Human and Peoples Rights and the Authority of Abacha V Fawehinmi (2) Whether it was proper at that stage of the preliminary objection for the learned trial Judge to have delved into deciding the substantive suit.

These two issues flow from the single ground of appeal filed by the appellant on 21/12/01.

The Respondents in the brief of argument filed on 25/6/03 settled a sole issue for the determination of this court as follows:-

(a) The legal position of the African Charter on Human and Peoples Right vis-a-vis the-ouster clauses in the various Decrees of the Military Governments of the Federal Republic of Nigeria

(c) An Order reinstating the plaintiffs to their positions in the service of the 2nd defendant together with their ranks, entitlements, and all allowances without loss of seniority or benefits.