Igwe M. O. Ojiako V. Attorney-general & Commissioner for Justice of Anambra State (1999)

LawGlobal-Hub Lead Judgment Report

M.D. MUHAMMAD, J.C.A.

This is an Appeal against the ruling of Ernest Egbuna J. of the Anambra State High Court. The ruling was delivered on 26th February, 1998.

The Appellants as applicants had by an ex-parte application prayed for the leave of the Trial Court to apply for an Order of Judicial review of certiorari to remove into the Court the Order of the Anambra State Chief Judge dated 3rd November, 1997 and proceedings consequent upon the Order for the purposes of quashing both. Facts of the case which brought about this appeal are hereunder stated.

The Appellants for themselves and on behalf of the Adazi-Nnukwu Community sued the Anambra State Attorney General. They took out a writ dated 30th December, 1992 to this effect. They asked for the following reliefs:

(i) Declaration that Loretto Special Science School Adazi – Nnukwu is situate at Adazi Nnukwu portion of Ndibia Land in this Judicial Division.

(ii) Declaration that the directive of the Military Administrator Anambra State which effected the change of name of the said institution from Loretto Special Science School Adazi Nnukwu to Loretto Special Science School Agulu was unconstitutional, illegal and, an abuse of Court process, null and void, of no effect whatsoever.

(iii) A mandatory order compelling/directing the Defendant to remove the word Agulu from the name of Loretto Special Science School.

(iv) An Order of perpetual injunction restraining the Government of Anambra State, their agents, privies, assigns and/or people operating under or by their directions from refering to the said Loretto Science School.

Parties to this suit No. A/331/92 filed and exchanged pleadings. They had issues joined. Prior to the commencement of hearing before Hon. Justice Uzodike, the people of Agulu having commenced a different suit No. A/139/96 had prayed to be joined as parties in the suit No. A/331/92. They also asked that the two suits be consolidated. Hon. Justice Egbue dismissed these prayers of Agulu people.

Their appeal in respect of Justice Egbue’s ruling was equally dismissed by the Court of Appeal.

Subsequently trial in suit No. A/331/92 was conducted and the matter was slated for judgment. At that stage, the Chief Judge of Anambra State allegedly issued an Order allowing Agulu people to be joined as parties to the suit commenced by the Appellants. By the same Order the suit before Uzodike J. was transferred to Hon. Justice Egbuna. The latter was to commence hearing de novo, the proceedings before the former having been terminated.

Appellants were not heard before the issuance of the Chief Judge’s Order.

The Appellants petitioned the Chief Judge. They asked for the variation of his Order. Their petition was dated 14/11/97. The petition was to no avail. The appellant’s ex-parte application dated 8/12/97 before Egbuna J. sought Order for leave to apply for the Order of certiorari in respect of both the Chief Judge’s Order and the proceeding that was to emanate from same. Appellants were to eventually pray that both be quashed.

Egbuna J. heard the Appellants application for leave to apply for the Order of certiorari and in a considered ruling concluded at Pp.21 – 22 of the Record thus:-