Elder C. C. Mbacci & Ors V. Attorney General Anambra State & Anor (2016)

LawGlobal-Hub Lead Judgment Report

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. 

This is an appeal against the judgment of Anambra State High Court sitting at Awka (hereinafter referred to as the Lower Court), delivered by Hon. Justice M. I. Onochie on the 10thday of October, 2008.

Brief summary of facts of the case.
The appellants who were plaintiffs at the Lower Court are retired civil servants of Anambra State. Sometime in 1997 after Anambra State was created, the Anambra State Government allocated some buildings to the State Civil servants in order to alleviate their problems with regard to accommodation, since some of the workers lived in Enugu State while they worked in Anambra State. Due to persistent pleas from the civil servants and in line with the Federal Government housing policy, the Anambra State House of Assembly passed a law; Government Quarters and Estate Flats (Owner Occupier Status) Anambra State Law No. 6 of 2002 And thereby allegedly transferred ownership of the government quarters being occupied by the civil servants (including the appellants) to them. However, the State Governor as at that time refused to give

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assent to the Law, but his veto was overridden by 2/3 majority of members of the State House of Assembly. However, the Law remained comatose and unimplemented by the State Government. Later in the year 2005, the Law was repealed, thereby, divesting all occupiers of the said government apartments of the owner occupier status. Consequent upon this, the appellants were served notices to quit by the 2nd respondent herein who sought to eject them from the various apartments which they occupied. The appellants in order to prevent the said ejection, instituted the instant action and claimed ownership of the various apartments occupied by them. They placed heavy reliance on the Anambra State Law No. 6 of 2002. The respondents in turn, challenged the suit contending that no right of ownership had been passed on to the appellants by the said Anambra State Law No. 6 of 2002, as the pre-conditions for the same to occur, were never fulfilled. Also, the respondents counter claimed for the possession of the said apartments as well as arrears of rents for their occupation by the appellants.

?The suit was originally instituted by the plaintiffs/appellants vide an

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originating motion dated and filed on the 11th day of April, 2005. Pursuant to the said originating motion, the parties exchanged their respective affidavits and written addresses in support and opposition to the said originating motion. The learned trial judge after a thorough examination of the processes placed before him and after considering the reliefs sought by the appellants, ordered the parties to file their respective pleadings. The appellants? statement of claim was filed on the 25th day of October, 2005, wherein they sought for the following reliefs:
?a. Declaration that the plaintiffs are bona fide owners of the buildings and premises which they occupy on owner/occupier basis at Real Estate Qtrs. Awka, at Joseph Abulu Road, Zakiri Haliu Road, Chukwuemeka Ezeife Road, Rufai D. Garba Road, Chudi Nwike Road, Vincent Anago Road, Dabo Aliu Road and Mike Attah Road.
b. An order quashing and declaring as void the Notices to quit Ref. No. ANS/HOS/REQ/GEN/VOL.2/492 of 10th January, 2005 issued to the applicants and signed by the 2nd Defendant, with respect to plaintiffs? buildings and premises at Real Estate Quarters, Awka.<br< p=””

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c. Declaration that the threat to deprive the plaintiffs of their rights of ownership and occupation of their building and premises contrary to the Government Quarters and Estate Flats (Owner Occupier Status) Anambra State Law No. 6 of 2002 is wrongful and amounts to a deprivation of the plaintiffs? right to property without due process.
d. Declaration that the threat to evict the plaintiffs from their building and premises at Real Estate Quarters Awka without affording the plaintiffs right to fair hearing is violative of the 1999 Constitution of the Federal Republic of Nigeria.
e. Injunction restraining the Defendants by themselves, their agents, privies and assigns or howsoever from interfering with the plaintiffs? right as owners/occupiers of their respective buildings and quarters at Real Estate Quarters Awka or from further doing anything or taking any steps inconsistent with the owner/occupier status conferred on the plaintiffs by virtue of Anambra State Government Quarters and Estate Flats (Owner Occupier Status) Law No. 6 of 2002.
f. An order of prohibition, prohibiting the defendants from exercising a quasi judicial

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function of evicting the plaintiffs in total deprivation of their acquired and vested right under Anambra State Law No. 6 of 2002 and the 1999 Constitution of the Federal Republic of Nigeria.
IN THE ALTERNATIVE
(i) 1st Plaintiff claims N15,000,000.00 (Fifteen Million Naira) being general damages and the cost and value of the improvement made on the 1st Plaintiff?s building by the 1st Plaintiff.
(ii) 2nd Plaintiff claims N15,000,000.00 (Fifteen Million Naira) being general damages and the cost and value of the improvement introduced on the 2nd Plaintiff?s building by the 2nd Plaintiff.
(iii) 3rd Plaintiff claims N15,000,000.00 (Fifteen Million Naira) being general damages and the cost and value of the improvement introduced on the 3rd Plaintiff?s building by the 3rd Plaintiff.
(iv) 4th Plaintiff claims N15,000,000.00 (Fifteen Million Naira) being general damages and the cost and value of the improvement introduced on the 4th Plaintiff?s building by the 4th Plaintiff.
(v) 5th Plaintiff claims N15,000,000.00 (Fifteen Million Naira) being general damages and the cost and value of the improvement introduced

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