All Progressives Congress (APC) v. Ojukwu Chikaosolu (Trading Under The Name and Style Of Ojukwu Chikaosolu & Co.)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMILU YAMMAMA TUKUR, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the High Court of the Federal Capital Territory, Abuja in suit No: FCT/HC/BW/CV/83/2022 delivered on 16th June, 2022 by Honourable Justice S. B. Belgore against the appellant.

The facts of the matter which led to this appeal is connected to an action instituted by the respondent before the lower court via a writ of summons brought under the undefended list sealed on 31st March, 2022, claiming the following:

1. The sum of N140,000,000.00 (one hundred and forty million naira) only being the professional fees owed to the claimant by the defendant for the provision of legal services and representing the defendant’s interest in:

“a. Suit No.: FCT/HC/1052/2021; Hon. Suleiman Alhassan Gwagwa v. Hon. Murtala Karshi & 17 Ors.

b. Suit No.: FCT/HC/CV/1111/2021: Abubakar Usman v. APC & 2 Ors.

c. Appeal No.: CA/ABJ/766/2021; Hon. Suleiman Alhassan Gwagwa v. Hon. Murtala Karsh & 17 Ors.

d. Cross-appeal No.: CA/ABJ/766/2021; Mrs. Stella Okotere & 6 Ors. v. Hon. Suleiman Alhassan Gwagwa & 11 Ors)

e. Appeal No: CA/ABJ/CV/15/2022; Abubakar Usman v. APC & 2 Ors.

f. Appeal No: SC/1165/2021; Mrs. Stella Okotere & 6 Ors. v. Hon. Suleiman Alhassan Gwagwa & 11 Ors) and

g. Appeal No.: SC/1233/2021; Mrs. Stella Okotere & 6 Ors. v. Hon. Suleiman Alhassan Gwagwa & 11 Ors.

2. Post-judgment interest on the judgment sum at an interest rate of 21 % until the whole judgment sum is fully liquidated.”

In accordance with the lower courts rules, the writ was accompanied by an affidavit of 22 paragraphs sworn to by the respondent wherein he deposed that he was variously briefed by the appellant and that he forwarded separate bills of charges of N20,000,000.00 (twenty million naira only) in respect of each of the instructions to the appellant. That sequel to the failure of the appellant to pay him the professional fees contained in the said Bills of Charges amounting in the aggregate to N140,000,000.00 (one hundred and forty million naira only) more than 30 days after its receipt of the Bills of Charges, he instituted the instant suit against the appellant for the recovery of the professional fees after serving a final demand notice on it. In response, the appellant filed a notice of intention to defend and supporting affidavit.

The learned trial judgment in a judgment delivered on 16th June, 2022, held that there are no triable issues raised in the appellants affidavit in support of its notice of intention to defend, that the defence it purported to present was a sham and granted the respondents claims.

Dissatisfied with the above decision of the lower court, the appellant appealed the judgment vide notice of appeal dated and filed on 21st June, 2022, with 9 grounds of appeal.

The appellants brief of argument is dated 9th August, 2022 and filed on 9th August, 2022. The appellants reply brief of argument is dated and filed on 11th November, 2022 but deemed as properly filed on 6th June, 2023.