International Committee of the Red Cross (ICRC) V. Ismaila Tijani Olabode (Trading Under the Name of It Olabode Enterprises) (2009)

LawGlobal-Hub Lead Judgment Report

UWANI MUSA ABBA AJI, J.C.A.

This is an interlocutory appeal by the Appellant against the ruling of Hon. Justice H. Mukhtar of the High Court of the F.C.T. Abuja (as then was) delivered on the 29th June, 2005.

The Respondent who was the plaintiff at the lower court, filed a case against the Appellant as Defendant, claiming inter alia the sum of N3,366,747.00 (Three Million, Three Hundred and Sixty-Six Thousand, Seven Hundred and Forty-Seven Naira) being the sum meant for the professional fees for three architectural designs and drawings made on the Defendant’s instructions and which has been delivered to the Defendant and has remained unpaid for till date.

By a Notice of Preliminary Objection filed on the 12th May, 2005, the Appellant challenged the competence of the lower court to entertain the suit upon the following grounds:-

a)That the lower court lacks jurisdiction and or competence to hear and determine the suit as presently constituted;

b) That the action was instituted contrary to the provisions of Section 3(1), 6(1)(a) & (b) and Section 5(1) of the Diplomatic Immunities and Privileges Act, Cap 99 LFN, 1990.

c) That the Defendant/Appellant enjoys immunity from legal process of any kind in respect of word spoken or written and all acts done by them in exercise of their functions;

d) That assumption of jurisdiction by the court in order to try the defendant/Applicant will amount to an exercise in futility as the judgment of the court will not be binding on the Defendant/Applicant at the end of the proceedings;

e) That the claimant has no right of action against the defendant;

f) That the action is frivolous, vexations, oppressive and constitute an abuse of court process; and

g) Breach of the provisions of the Sheriff and Civil Process Act, Cap 407 LFN 1990.

In a considered ruling delivered on the 29th June, 2005, the learned trial judge dismissed the Appellant’s preliminary objection as lacking in merit.

Dissatisfied with the ruling, the Defendant (now Appellant) filed a notice of appeal on the 29th June, 2005 upon the following three (3) grounds;

1) The learned trial judge erred in law by assuming jurisdiction over this matter contrary to the provisions of the Diplomatic Immunities & Privileges Act, Chapter 99 Laws of the Federation of Nigeria, 1990, Sections 1-7.