Alhaji Aliko Dangote V. African Petroleum Plc & Ors. (2008)

LawGlobal-Hub Lead Judgment Report

HELEN MORONKEJI OGUNWUMIJU, J.C.A.

This an interlocutory appeal against the ruling of Honourable Justice Lambo Akanbi sitting at the Federal High Court, Lagos Division delivered on the 12th March, 2010. The facts that led to the appeal are as follows:

The 1st-15th Respondents as the Plaintiffs at the trial court, commenced this action by an Originating Summons dated 29th of July, 2009 at the trial court against the Appellant and the 16th -28th Respondents claiming several declaratory reliefs. Along with the originating summons, the 1st -15th Respondents filed an affidavit of urgency, a motion ex parte and a motion on notice for interim and/or interlocutory injunction. The court granted the first two reliefs sought in the motion ex parte and refused reliefs 3, 4 and 5.

The Appellant, as the 11th Defendant at the trial court filed a conditional memorandum of appearance on the 4th of August, 2009 and a notice of preliminary objection challenging the competence of the suit and the jurisdiction of the trial court to hear and determine the suit. The 1st -15th Respondents filed a written address in opposition to the Appellant’s notice of preliminary objection on the 6th of August, 2009. The 16th to 28th Respondents also filed a written address in opposition to the Appellant’s notice of preliminary objection.

The matter came up for hearing on the 4th of August, 2009 before Honourable Justice A.M. Liman who adjourned the matter for hearing on both the Appellant’s preliminary objection and the 1st -15th Respondents’ motion for interlocutory injunction. The court also ordered that the parties should maintain the status quo pending the hearing and determination of the applications.

The Appellant was elected into the office of the President of the Council of NSE at the latter’s Annual General Meeting on the 6th of August, 2009. The 1st -15th Respondents thereafter brought another application dated and filed on the 7th day of August, 2009 praying the court for an Order nullifying, vacating and/or setting aside the said election.

The matter came for hearing on the 11th of August, 2009. Justice Liman ordered that given the nature of the 1st -15th Respondents’ application of 7th August, 2009, it should be taken first and he again adjourned the matter to the 28th of September, 2009. Before the adjourned date, the Appellant brought an application on the 25th of September, 2009 asking the court to stay proceedings and the hearing of the 1st -15th Respondents’ application of 7th August, 2009, pending the hearing of an appeal filed on the 14th of August 2009 against the decision of the trial court on the 11th of August, 2009 on the priority of the applications before it. The 1st -15th Respondents filed a written address against the application dated 5th October, 2009 and filed on the 6th of October.

On the 1st of February, 2010, the trial court per Liman J dismissed the Appellant’s application for stay of proceedings and again adjourned the matter to the 18th of February, 2010 for hearing of the 1st -15th Respondents’ application of 7th August, 2009. The Appellant then brought a petition against the Presiding learned trial judge and the matter was consequently transferred to Justice Lambo Akanbi. After the transfer, the Appellant brought yet another application for stay dated the 5th of March, 2010. The application was taken on the 8th of March, 2010 and on the 10th of March, the trial court again dismissed the application for stay.

The Appellant again brought another application filed on the morning of 10th of March seeking an Order setting aside the orders made on the 4th August, 2009, 11th August, 2009 and 1st of February, 2010. The trial court declined to take the Appellant’s application and instead ruled in favour of hearing the 1st -15th Respondents’ application of 7th August, 2009.

On the 12th of March, the trial court per Akanbi J delivered its ruing nullifying the Appellant’s election of 6th of August, 2009. Being dissatisfied with the ruling, the Appellant has brought this appeal.

The Appellant’s brief was dated the 25th of November, 2010 and filed on the same day. The Appellant’s reply brief to the 1st -15th Respondents’ brief was dated and filed on the 23rd of December, 2010. The Appellant’s reply brief to the 16th-25th Respondents’ brief was dated 19th of May, 2011 and filed on the same day. The 1st -15th Respondents’ brief was dated 9th of December, 2010 and filed on the 15th of December 2010. The 16th -25th Respondents’ brief was dated and filed on the 22nd day of March, 2011 and deemed filed on the 17th of May, 2011. The 28th Respondent’s brief was dated and filed 21st day of March, 2011 and deemed filed on the 17th of May, 2011.

The Appellant’s counsel, Rickey M. Tarfa, SAN, Fola Sowemimo (Mrs.), Andrew M. Malgwi, Esq., M. Bamidele, Esq., Edem D. Andah (Miss), identified four (4) issues for determination as follows:

1. Whether the trial court has jurisdiction to entertain the suit
2. Whether in the circumstances of this instant case, the trial court was right to hold that the election of the Appellant as the President of the Nigerian Stock Exchange, was a disregard of the Court Order made on the 4th August 2009, when the Order was not specific and did not include a positive order in that regard
3. Whether, in the circumstances of this case, the Appellant’s constitutional right to fair hearing was not breached by the trial Court in the hearing and determination of the 1st -15th Respondents’ application dated 7th August 2009
4. Whether the trial Court was right to have taken the 1st -15th Respondents’ motion dated 7th August, 2009 while the Appellant’s motion dated 10th March, 2010 was pending before it.

Counsel to the 1st and 15th Respondents, I.O. Aniakor Esq. identified a sole issue for determination as follows:

“Whether given the particular circumstances of this case, the learned trial judge was not right in proceeding, as he so did, to entertain the Plaintiffs’ said Motion on Notice dated the 7th August, 2009 for Orders, inter alia, nullifying the purported election of the Appellant as President of the Council of the NSE; and to determine the same in favour of the Plaintiffs?”