Ibeto Cement Co. Ltd. V. The Attorney General of the Federation (2007)

LawGlobal-Hub Lead Judgment Report

MARY U. PETER-ODILI, J.C.A.

This is an appeal by the Appellant who was the Plaintiff in the High Court against the decision of the Federal High court holden at Abuja as contained in the judgment of A. O. Ogie J. delivered on 1st February, 2007 wherein the judge upheld the preliminary objection raised by the Respondent and dismissed the Appellant’s case on the ground that the action is caught by Section 2 (a) Public Officers Protection Act having been brought outside the 3 months from the time the learned trial judge held the cause of action arose.

Being dissatisfied with the said decision the appellant initiated an appeal by virtue of Notice and Grounds of Appeal, dated 1st February, 2007 and filed on 21st February, 2007, within the time permitted the Appellant to file an appeal.

RELEVANT FACTS:

By a Statement of Claim dated 5th October, 2006 the Appellant claimed against the Attorney-General of the Federation Republic of Nigeria in his capacity as the representative of the Federal Republic of Nigeria as follows:-

“(i) DECLARATION that having satisfied the standards set by the Federal Government for the importation and operation of cement concern in Nigeria as determined by the competent authority in the matter being the Federal Ministry of Industry as shown in the letter Ref. SI.1497IND/S.23/1 dated 5th May, 2006, the Defendant can no longer’.

(a) Deny approval to the Plaintiff for the importation of bulk cement;

(b) Enforce the order shutting down the Plaintiff’s cement plant situate at Port Harcourt and production;

(ii) DECLARATION that the Defendant is not entitled to proceed outside the guidelines as set by the Federal Government on Cement compliance by the Plaintiff of which was ascertained in the correspondence Ref. SI.1400/IND/S.23/1 dated 5th May, 2006 and act arbitrarily to deny Plaintiff of the right to import and manufacture came.

(iii) DECLARATION that the act of the Defendant excluding the Plaintiff from the list of companies approved for importation of cement is wrong and arbitrary.

(iv) DECLARATION that Defendant acted arbitrarily and in a wrongful manner in ordering the shutting down of the Plaintiff’s cement production plant at Port Harcourt.

(v) DECLARATION that the act of the Defendant in refusing the berthing of Plaintiff’s 6 (six) ships load of cement is wrongful and violation of the Plaintiffs rights.

(vi) ORDER compelling the Defendant to pay the Plaintiff the following sums:

(a) The sum of US $82,521,502.29 (Eighty Two Million, Five Hundred and Twenty one Thousand Five Hundred and Two United States Dollars, Twenty Nine cents) and