Chief Aniedu Okon Thompson V. Chief Eno David Ukotang & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the decision of Hon. Justice Pius. P. Idiong of Akwa Ibom State High Court, Ukanafun Judicial Division delivered on 19th March, 2012, whereby the action of the Appellant was dismissed.

The Appellant as Plaintiff issued a Writ of Summons against the Respondents as Defendants on 20th December, 2002 and subsequently on 1st August, 2003 filed his Statement of Claim. The Statement of Claim was later amended. The Appellant sought for the following reliefs:

1. An injunction restraining the 1st Defendant from parading himself as the village head of Usung Atiat Ubor.
2. An Order of injunction restraining the 1st Defendant from parading himself as the village head of Usung Atiat Ubor village in Oruk Anam Local Government Area.
3. An Order directing the 2nd to 3rd Defendants to recommend, process and issue Certificate of Recognition to the Plaintiff who had been duly selected by the family heads of the village.
4. An Order directing the 3rd to 5th Respondents to withdraw for purpose of cancellation the Certificate of Recognition

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given to 1st Defendant by them.

5. A declaration that the issuance of Certificate of Recognition to the 1st Defendant by the 3rd to 5th Defendants was presented unlawfully, null and void.
6. A declaration that issuance of Certificate of Recognition to the 1st Defendant by the 5th Defendant is unlawful, null and void.
7. N2m special and general damages against the 1st Defendant for desecrating or causing the desecration of the customs and the tradition of Usung Atiat Ubor village Oruk Anam Local Government Area.”

Pleadings were filed and exchanged. On 12/10/2011, the 2nd to 5th Respondents brought a Motion on Notice under Order 33 Rules 1 and 2 and Order 39 Rule 1 and 2 of the High Court (Civil Procedure) Rules, 2009 Applicable in Akwa Ibom State praying the Court for an Order:

1. To strike out the Writ of Summons, Statement of Claim and all other processes filed in this suit as this Honourable Court does not have the jurisdiction to try the case for being commenced in excess of three months.
2. To strike out the entire suit because the suit was commenced between 5 months and 14 days. This is against the Public Officers Protection

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Law, Laws of Akwa lbom State of Nigeria.

3. That this Honourable Court lacks the Jurisdiction to determine this suit as it is statute barred.Legal

At the close of submission by the parties the Learned trial Judge held inter alia as follows from page 375 of the Record of Appeal.

“I have already resolved that the 2nd to 5th Defendants are Public Officers as defined by the Public Officers Protection law of Akwa Ibom State Similarly, it has been established that the cause of action in this Suit arose on 6/7/2002 when the 5th Defendant in the exercise of the public function imposed upon him by the Traditional Ruler Law to sign and award Certificate of recognition to traditional rulers under the said law. The question therefore is whether when the Plaintiff commenced this action on 20/2/2002, he did so within the period prescribed by S. 1 (1) of the Public Officers Protection law which limit and prescribe the period of three months for taking out actions against Public Officers in the exercise of their public duties. See Kasadubu V. Ultimate Petroleum Ltd (2008) 7 NWLR (Pt. 1086) 274.”

?Still on page 375, the Learned trial Judge continued:

“In

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the instant case the period from 6/7/2002 to 20/12/2002 is 5 months and 14 days. That is clearly more than the three months period prescribed by the Public Officers Protection Law for the institution of this case to question the said actions of the said Public Officers. What that means, in my opinion, is that this action is therefore statute barred and as a result, this Court is deprived of the jurisdiction to entertain and to hear and determine the case. See Forestry Research Institute of Nigeria V. Gold (2007) 11 NWLR (Pt. 1044) 5, Ogun State Government V. Dalam (2002) 9 NWLR (Pt 1038) 66.”Africans & Diaspora