Chief B.I. Okoro & Ors. V. Chief Ferdinand Okoro (2009)

LawGlobal-Hub Lead Judgment Report

MOHAMMED LAWAL GARBA, J.C.A.

The High court of Imo State, sitting at Owerri had granted the Respondent in this appeal, orders for the enforcement of his fundamental rights, injunction and damages against the Appellant in this appeal in a ruling delivered on the 28th of November 2000 in motion No. HOW/90M/97.

Being dissatisfied with the decision in the said ruling, the Appellants filed a Notice of Appeal against same on the 14th of December, 2000 on a single ground of appeal. With the leave of court the Notice of Appeal was amended by the addition of three (3) more grounds of appeal on the 27th of March 2003.

Without their particulars, the four (4) grounds of the appeal are thus:-

GROUND 1

“The learned trial judge erred in law in proceeding to hear and determine the motion on Notice filed on 13/8/97 for enforcement of Fundamental Human Rights when he had no jurisdiction to entertain the motion at all.

GROUND 2

The learned trial Judge erred in law in proceeding to hear and determine the Motion on Notice dated 13/8/97 filed the same day for enforcement of Fundamental Right when the conditions precedent to exercising jurisdiction were not fulfilled by the Applicant.

GROUND 3

The learned trial Judge erred in law when he relied on the order of his predecessor Hon. Justice A. U. Amaeshi dated 20/7/97 to determine this application when the said order is invalid and a nullity ab initio, being an Order made without jurisdiction.

GROUND 4

The learned trial Judge erred in law and denied the Appellants fair hearing in proceeding to rely on the Order of his predecessor in Office. Hon. Justice A.U. Amaeshi dated 20th day of July 1998 without affording the Appellants or their Counsel the opportunity of being heard on it.

In support of their respective positions in the appeal, briefs of argument were filed by the learned counsel for the parties as required by the Rules and practice of the court. The Appellants’ brief was deemed filed on 27th March 2003 while the Respondent’s brief was deemed filed on the 29th of November 2007 and the two (2) briefs were adopted and relied on by learned counsel at the hearing on the 19th of January 2009 as their submissions in the appeal. We were urged by them to uphold their respective positions.

From the grounds of appeal learned counsel for the Appellants submitted that the following three (3) issues arise for determination in the appeal:-