Bullet International Nigeria Ltd. V. The Honourable Minister, Federal Capital Territory, Abuja & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the ruling of the High Court of the Federal Capital Territory Abuja which was delivered on the 5th day of June, 2007, by the Chief Judge of FCT, Hon. Justice L.H. Gummi.

By a motion ex parte dated 11th day of May 2007, and filed on the 14th of May 2007, the Appellant prayed for an Order of interim injunction restraining the Respondents jointly and severally or through their agencies including the Department Control from further entry, resort to self help, forcible ejection of the Appellant or howsoever demolishing or tempering with any building structures, machinery or equipment erected or affixed at Plot 4 Shehu Shagari Way, Central Area, Abuja, pending the determination of the motion on notice for interlocutory injunction.

The Learned Chief Judge of the FCT heard the motion ex parte, and granted same in terms of the reliefs sought therein on the 14th of May 2007, the date the motion was filed.

Subsequently the Appellant brought a motion on notice dated and filed on the 22nd of May 2007 in which it sought for the following reliefs:-

“1. An order committing the Respondents/Contemnors to prison for flagrant disobedience of the order of interim injunction made by this Court on the 14th day of May, 2007 restraining them from proceeding to forcibly eject the Applicant from or demolish their structures on the Plot of land comprising Plot 752/753 known as No, 4 Shehu Shagari Way Central Business District, Abuja.

2. And for such further orders as the Court may deem fit to make in the circumstances.

The grounds upon which the application was made, as set out in the motion paper are as follows:-

i. This Court made an order of interim injunction on 14/5/07 restraining the forcible eviction of the Applicant and demolition of their building structure, plants and equipment at their construction yard being Plot 4 Shehu Shagari Way, Central Area, Abuja,

ii. The said order was promptly served and/or brought to the attention of the contemnors on the same 14th May, 2007, through their staff and/or agents/working in their offices, as borne out of the Bailiffs affidavit of service contained in the Court’s case file.

iii. The said interim order was also pasted conspicuously on the walls of the fence and brought to the attention of the contemnors when they mobilized to commence demolition of the res in the early hours of Tuesday, 15th May, 2007. Photographs to that effect shall be founded upon.

iv. Despite full knowledge of the said order of the Court, the Respondent contemnors proceeded as early as 6.00 am in the morning of Tuesday, 15th May, 2007 to throw out the claimant and demolish its buildings/premises, etc, in their desperate bid to circumvent the said order and foist a fait accompli on the Court.

This application was heard by the Learned Chief Judge. In a reserved and considered ruling which was delivered on the 5th of June 2007, His Lordship came to the conclusion that even if service of processes on the contemnors were defective, the lower court on its own motion can proceed under order 41 Rule 3 of the Rules of that court to make an order of committal against a person guilty of contempt of court. Consequently the Learned Chief Judge made the following order:-

“That the agents or persons who took part in the demolition of the Applicant’s building by whatever named (sic) called are hereby ordered into the dock to explain or show cause why they should not be committed to prison for disobedience to an interim order of this Court made on the 14th of May, 2007.”

The Appellant’s notice of appeal dated and filed on the 19th of June 2007 contains seven grounds of appeal. In line with the relevant Rules of this Court, parties filed and exchanged briefs of argument.