Ikwuano Local Government V. Austify And Associates Limited (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.(Delivering the Lead Ruling)

This ruling is in respect of the preliminary objection (hereafter to be simply referred to as ?P.O.?) raised by the Respondent herein against the appearance or legal representation of the Attorney-General and Commissioner for Justice, Abia State for the Appellant. The Notice of Preliminary Objection (hereafter to be simply referred to as ?Notice of P.O.?) reads: –

?PRELIMINARY OBJECTION

TAKE NOTICE that at the hearing of this matter, the Respondent shall raise objection to the appearance of the Attorney-General and Commissioner for Justice, Abia State or officers of his department in this matter.

The grounds upon which the objection is based are as follows:-

i)The Attorney-General and Commissioner for Justice is the Chief Legal Officer of the Abia State Government;

ii)The Attorney-General and Commissioner for Justice is not the Chief Legal Officer of Ikwuano Local Government;

?iii)Ikwuano Local Government is a third tier government under the Constitution of the Federal Republic of Nigeria 1999;

iv)Ikwuano Local Government is not

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an agency of Abia State Government, or her parastatal or department of the State Government.?

Given the contentious nature of the P.O. and positions of the parties thereon, the Court directed that parties should file and exchange written addresses in respect of their respective positions. The process filed by the Respondent who brought the P.O. is titled WRITTEN ADDRESS IN SUPPORT OF THE PLAINTIFF/JUDGMENT CREDITOR/RESPONDENT?S PRELIMINARY OBJECTION TO THE APPEARANCE OF THE HONOURABLE ATTORNEY-GENERAL AND COMMISSIONER FOR JUSTICE OF ABIA STATE OR ANY OFFICER OF HIS DEPARTMENT IN THIS MATTER/INCOMPETENCE OF PROCESSES FILED BY HIM OR ON HIS BEHALF.?

It is dated 15/3/2016 and filed on 7/4/2016. It was prepared by A.G.E. Nwachukwu Esq. The process filed by the Appellant is titled ?WRITTEN ADDRESS OF THE APPELLANT IN OPPOSITION TO THE PRELIMINARY OBJECTION OF THE RESPONDENT.? It is dated 18/4/2016 was filed on 21/4/2016. It was prepared by E, Okezie, Esq. and P.U. Ogubunka, Esq. both of the Ministry of Justice, Umuahia, Abia State. The P.O. was argued 10/11/2016 and both A.G.E. Nwachukwu learned lead counsel for the Respondent and P.U.

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