Hon. Justice Jubril Idris & Anor V. Hon. Justice P. N. C. Agumagu & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering The Leading Judgment)

This appeal probes into the correctness of the decision of the Federal High Court, holden at Abuja, coram judice A.F.A. Ademola, J., in suit No. FHC/ABJ/CS/253/2014, delivered on 26/05/2014. The appellant, second-fourth respondents and the first respondent were the respective respondents and applicant in the Federal High court, the lower Court.

The facts of the case, which transformed into this appeal, submit to brevity and easy appreciation. The first respondent is a serving judicial officer in the service of the Rivers State judiciary. On 07/05/2009, he was appointed the President of the Customary Court of Appeal of Rivers State by the Governor of the State.

By a letter dated 18/03/2014, the Governor of Rivers state appointed the first respondent as the Chief Judge of the State. The House of Assembly of Rivers State confirmed the appointment and he was sworn-in as the Chief Judge of Rivers State.

Subsequently, the second respondent, an executive body charged with the responsibility of disciplining judicial officers, suspended the first respondent from office as a judicial officer on 26/03/2014. It further queried him on why he should not be removed from office for failure to abide by his oath of office to uphold the Constitution and Laws of the Federal Republic of Nigeria.

Sequel to that, and in order to preserve his job, the first respondent beseeched the Lower Court by dint of a motion ex parte, filed on 31/03/2014, for an order for leave to apply for judicial review by way of certiorari, prohibition, declaration and injunction against the second respondent over its decision of 26/03/2014. The lower Court granted the leave on that same 31/03/2014 and fixed the return date on 10/04/2014.

Pursuant to the leave, the first respondent, filed a motion on notice, on 01/04/2014, and replicated those outlined reliefs. On 10/04/2014, the appellants filed a motion on notice in which they prayed the lower Court to strike out the first respondent’s action for want of jurisdiction.

At a resumed sitting of the lower Court on 05/05/2014, the first respondent, qua counsel, urged it to take the appellants’ preliminary objection along with the substantive suit. The appellants objected to that line of procedure. After very dazzling and extensive arguments, for and against the procedure, the lower Court adjourned to 26/05/2014 for ruling.

In a considered ruling, delivered on that 26/05/2014, the lower Court ordered, inter alia, that the appellants’ preliminary objection and the first respondent’s motion on notice, dated 01/04/2014, were fixed for 30/06/2014 for hearing.

The appellants were dissatisfied with the ruling. Hence, on 28/05/2014, they lodged a 4-ground notice of appeal, found between pages 591-596 of the printed record of appeal, and, ultimately, prayed this court as follows:-

An order setting aside the Orders/Ruling of the learned trial Judge dated the 26th day of May, 2014 and in its place enter an order striking out the Appellant’s suit in its entirety.

In the ALTERNATIVE, in the exercise of its powers under Section 15 of the Court of Appeal Act, for this Honourable Court to hear the 3rd and 4th respondents’ motions as if it is the court of first instance and to determine same accordingly.

Thereafter, the parties filed and exchanged their briefs of argument in line with the practice and procedure regulating hearing of interlocutory appeals in this court. The appeal was heard on 12/02/2015.

Preliminary Objection