Attorney-general Of The Federation & Ors V. The Punch Nigeria Limited & Anor (2019)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

This is an appeal against the ruling of the Court of Appeal, Lagos Division delivered on Wednesday the 18th Day of October, 2006, Coram: I. A. Salami PJ (as he then was); C. B. Ogunbiyi, JCA (as he then was); A. G. Mshelia, JCA, wherein the Court below dismissed the appellants’ application for an Order setting aside the Court’s earlier order dismissing the appellants’ appeal on 18th March, 2004.

Sometime on 14th June, 1994 the respondents had been granted leave by the Federal High Court, Holden at Lagos to enforce their fundamental rights, pursuant to Section 42 (1) and (2) of the 1979 Constitution as amended by Decree No.107 of 1993; Order 1 Rule 2(1), (3) and (6) and Order 4 of the Fundamental Rights (Enforcement Procedure) Rules, 1979 and under the inherent jurisdiction of the Court as preserved bySection 6 (6) of the 1979 Constitution, as amended. Leave was also granted for all the processes meant for service on the Inspector-General of Police, Commissioner of Police (Lagos State Command), State Security Service and Chief of Army Staff, who are now 2nd, 3rd, 4th and 5th

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appellants respectively though as respondents then, to be served on the office of the Honourable Attorney General of the Federation, the then 1st respondent. In addition to the Leave granted, the respondents, their officers, agents, servants, privies or otherwise howsoever were directed to produce the 2nd appellant before the trial Court on 20th June, 1994 and to show cause why he should not be released.

By their Motion on Notice, which was filed in the registry of the Federal High Court, Lagos on 16th June, 1994, the applicants had sought the following reliefs:

1. A DECLARATION that the invasion, search, without warrant, sealing-up, seizure and/or occupation of the 1st applicant’s business premises located at No.1 Kudeti Street, Onipetesi, Ikeja, Lagos State and the consequent stoppage of the applicants’ lawful business by the respondents, their officers, agents, servants and/or privies or otherwise howsoever constitute a gross violation of the applicants’ fundamental Rights guaranteed by Sections 36 and 40 of the 1979 Constitution and Articles 9 and 14 of the African Charter on Human & Peoples Rights (Ratification and Enforcement) Act Cap. 10 Laws of Federation of Nigeria 1990.

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A DECLARATION that the continued sealing-up, seizure and/or occupation of the 1st applicant’s business premises located at No.1 Kudeti Street, Onipetesi, lkeja, Lagos State and the consequent stoppage of the applicants’ lawful business by the respondents, their officers, agents, servants and/or privies or otherwise howsoever constitute a violation of the applicants rights guaranteed by Sections 35 and 40 of the 1979 Constitution and Articles 9 and 14 of the African Charter on Human & Peoples Rights (Ratification and Enforcement) Act Cap. 10 Laws of Federation of Nigeria 1990.

3. A DECLARATION that the forceful detention and/or confinement of the 2nd applicant within the premises of the 1st applicant at No. 1 Kudeti Street, Onipetesi, Ikeja, Lagos State or any other place he may be subsequently taken to by the respondents, their officers, servants, agents, privies or otherwise howsoever constitute a gross violation of the 2nd applicant’s rights guaranteed under Sections 31, 32 and 38 of the 1979 Constitution and Articles 5,6,9 and 12 of the Enforcement Act Cap, 10, Laws of the Federation of Nigeria 1990.

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A MANDATORY ORDER compelling the respondents, whether themselves or their officers, agents, servants, privies or otherwise howsoever to forthwith vacate the business premises of the 1st applicant.

5. A MANDATORY ORDER compelling the respondents, whether themselves or their officers, agents, servants, privies or otherwise howsoever to forthwith release the 2nd applicant.
6. AN INJUNCTION restraining the respondents their officers, agents, servants, privies or otherwise howsoever from continuing to seal-up and occupy the business premises of the applicants or in any other manner preventing the applicants from carrying out their lawful business.
7. N500,000,000.00 (Five Hundred Million Naira) being damages against the respondents for the illegal and unconstitutional sealing-up, invasion and subsequent stoppage and/or disruption of lawful activities of the 1st applicant.
8. N5,000,000 (Five million Naira) being damages for unlawful detention of the 2nd applicant.
9. Such further order or other orders as this Honourable Court may deem fit to make in the circumstances of this.”

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It is on record, that when the trial Court reconvened for trial of the action on 20th June, 1994, the respondents to the application were absent but the trial Court noted that they were all served with all necessary processes already filed in the matter. A State counsel had however written from the Attorney General’s chambers praying for an adjournment, which application was opposed by the applicants counsel-Chief Gani Fawehinmi. Notwithstanding the opposition to an adjournment, the Court bent backwards and granted an adjournment to 28th June, 1994 and directed the Registrar of the Court to write to the office of the Attorney General, informing them of the next date of adjournment of the case. By a letter of June 21, 1994 the Registrar of the trial Court wrote to the respondents to the application as directed by the trial Judge, to inform them of the next date of hearing of the application.

When the trial Court reconvened again on the next adjourned date of 28th June, 1994 neither the respondents nor their counsel was in Court. The applicants’ counsel then moved the Court to hear the application.

At the end of the day, after hearing the application and