Clifford Ebere & Ors V. Imo State University & Ors (2016) LLJR-CA

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FREDERICK OZIAKPONO OHO, J.C.A. 

This Appeal is against the judgment of the High Court of Imo State Holden at Owerri in Suit No. HOW/245/2003 in which the Court presided over by the N. B. UKOHA, J dismissed the claims and reliefs of the Claimants on the 17-1-2011. The Claimants claimed against the Respondents the following reliefs at paragraph 16 (1), (2), (3), (4) and (5) of the Statement of Claim, thus;
“16. WHEREFORE the Plaintiffs’ claim against the Defendants jointly and severally as follow;
1. Declaration that the Plaintiffs are entitled to the statutory right of occupancy in and over the pieces or parcels of land known as and called OKO OHIA ONUNWA OKPOKORO and NWANRU situate at Umuoye Irete Owerri Imo State.
2. Declaration that the purported acquisition of the aforesaid pieces or parcels of land by the 3rd and 5th Defendants or by the Imo State Government is null and void and off no effect.
3. Declaration that the purported allocation or grant of right of occupancy or lease or assignment of the aforesaid pieces or parcels of land to the 1st Defendant by

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the 3rd and 5th Defendants is null and void and of no effect.
4. N5,000,000.00 (Five Million Naira) being damages for trespass into the aforesaid pieces or parcels of land.
5. Perpetual Injunction restraining the Defendants, their servants and or agents from entering or trespassing into the said land and in whatever manner and interest in and over the said pieces or parcels of land.

Pleadings were filed and exchanged and trial commenced on the 28th day of November, 2006. See pages 102-137 of the Records. The Trial Court in a considered judgment dated the 17th January, 2011 dismissed the claims of the Claimants who are Appellants in this Appeal. See pages 177-208 of the Records. The Appellants not satisfied with the judgment of the Lower Court have appealed against the decision of the trial Court vide a Notice of Appeal filed on the day of 7th March, 2011. A total of Eight (8) Grounds of Appeal were filed. (See pages 95 to 103 of the records of Appeal). In argument of this Appeal, the Appellants nominated a total of Eight (8) issues
(i) Whether the land-in-dispute was acquired by Imo State Government. (Ground One).

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(ii) Whether the Lower Court was right to hold that by Decree No. 31 of 1975 , Edict Nos. 1 and 3 of 1976 (Imo State Capital Special Provisions Edict 1976) validity and inconsistency with Section 31 of the 1963 Constitution of the Federation of Nigeria cannot be questioned by any Court. (Ground Two).
(iii) Whether the Appellants suit was statute barred. (Ground Three)
(iv) Whether Exhibit ‘K’ was in law proof of the area acquired having regard to Schedule A, B and C of Edict No. 3 of the 1976. (Ground Four).
(v) Was the Lower Court correct in holding that Appellants were paid compensation when there was overwhelming evidence to the contrary? (Ground Five).
(vi) Whether the Lower Court was right in holding that Law No. 5 of 2004 (Imo State University Law) validated the purported acquisition of the Appellants’ land. (Ground Six).
(vii) Whether the Lower Court was right by holding that the appearance of Professor O. E. Nwebo and Dr. U. U. Chukwumaeze for the 1st and 2nd Respondents in this suit, they being Public Officers (Lecturers in the University) did not offend the provisions of 1999 Constitution of the Federation of

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Nigeria. (Ground seven).
(viii) Whether the Appellants were entitled to their claims in the suit. (Ground eight).

On the part of the 1st and 2nd Respondents, a Notice of Preliminary Objection was filed objecting to the hearing of this Appeal on grounds of competence of the suit and jurisdiction of the Lower Court. The sole issue canvassed in opposition of the hearing of the suit is as follows;
“Whether by virtue of Section 22(1) & 22(2) of the Imo State University Law No. 5 Of 2004 Suit No: HOW/245/2003 is competent for non-issuance and service of Pre-Action Notice and failure to sue within three months of the cause of Action?”

In reaction and in opposition of the grant of the Notice of Preliminary Objection the Appellant filed a Reply to the 1st and 2nd Respondent’s Notice of Preliminary Objection dated 10-7-2015. In the alternative and in the event that the Notice of Preliminary objection is overruled, 1st and 2nd Respondents also nominated a total of Four (4) issues for the Court’s determination as follows;
(i) Whether the Court below was right to have held that the Government of Imo State acquired the

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land in dispute and that this suit is statute barred by virtue of the Limitation Law applicable in Imo State?
(ii) Whether from the evidence on record, the Court below was right when it held that the Appellants were paid compensation for Government acquisition of the land in dispute?
(iii) Whether the Court below was right to have held that the appearance of Prof. O. E. Nwaebo and Dr. U. U. Chukwumaeze (now Prof. U. U. Chukwumaeze) did not offend the provisions of the 1999 Constitution as amended?
(iv) Whether the Court below was right to have dismissed the Appellants claims?

On the part of the 3rd, 4th and 5th Respondents learned Counsel adopted all eight (8) issues nominated by the Appellants.