Ibanga Ekwere V. Attorney General Of Akwa Ibom State & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment)

The Appellant at the trial Court filed an action against the Respondents by a writ of summons claiming Five Hundred Million for malicious prosecution. The Respondents before filing their statement of defence, filed a motion on notice for preliminary objection on the basis that the Appellant’s action was statute-barred.

On the 4th of December, 2013 in a considered Ruling, C. U. Ikpe, J., of the Eket Division of the Akwa Ibom State High Court agreed with the Respondents that the suit was statute barred and dismissed it for want of jurisdiction. This appeal is predicated on the said Ruling.

SUMMARY OF FACTS:

On the 23rd of December, 2011, the trial Court delivered a Ruling on a No case submission in charge No. HEK/2C/2009. THE STATE v. CHIEF IBANGA EKWERE and JOSEPH OKPOSIN. The two accused persons at the trial Court were charged with the offence of murder. At the close of the prosecution’s case, the trial Court upheld the No case submission raised by the two accused persons and discharged and acquitted them.

Consequent upon the Ruling of the trial Court, the Appellant

1

who was the first accused person in the charge, now brought an action against the Respondent herein for malicious prosecution, claiming Five Hundred Million Naira as general damages. His claim was dismissed at the preliminary stage for being caught by the statute of limitation. His dissatisfaction with that Ruling dismissing his claim resulted in his filing this appeal.

The Appellant distilled three issues for determination thus:

i. “Whether by Order 22 Rule 1 and 2 of the High Court (Civil Procedure) Rule of Akwa Ibom State 2009, the learned trial Judge was right in law when he held that the preliminary objection does not amount to demurrer.

ii. Whether from the facts and surrounding circumstances giving rise to this Appeal, the Respondents are entitled to protection under the Public Officers Protection Law.

iii. Whether Section 1 of the Public Officers Protection Law Cap. 104, Laws of Akwa Ibom State is not contrary to Section 6(6) (b) and 36(1) of the 1999 Constitution (as amended) and thus void.

The Respondents adopted the three issues as distilled by the Appellant.

?