John Agbaji Attah Ochaga V. Military Administrator of Benue State & Anor(2000)

LawGlobal-Hub Lead Judgment Report

UMOREN, J.C.A.

This is an appeal against the judgment of Kakaan J. sitting at the High Court of Justice, Otukpo, Benue State in suit No.OHC/127/96 dated 11th December, 1996.

The plaintiff in the lower Court, now appellant in this court, took out an originating summons in that court, praying the court for the determination of the following issues:-

“(1) Whether arising from all the issues addressed in the Government white paper of June 21,1984, the Review position of Government and all other documents of Government and its agencies exhibited hereto, it is conclusive and evident that the plaintiff, Mr. John Agbaji Attah Ochoga was personally found culpable and punished for any wrong doings by the Government of Benue State in its various views and decisions on the Report of the Panel on the Operation of the Local Government Joint Account, 1980-1983.

(2) Whether the plaintiff/Mr. John Agbaji Attah Ochoga was found culpable or guilty of any Criminal Act(s) or conduct(s) by the Benue State Government or any other Government Agency as a result of the investigations into the Operation of the Benue State Local Government Joint Account 1980-1983.

(3) Whether the plaintiff Mr. John Agbaji Attah Ochoga was banned, prohibited or black-listed from holding public office or serving in other Government capacities as a result of the Panel set up to look into the Operation of the Benue State Local Government Joint Account, 1980-1983.

(4) Whether the Administrative Panel’s findings and recommendations and the Government’s views are void.”

He sought the following reliefs pursuant to the issues to be determined:

“(a) A declaration that the plaintiff, John Agbaji Attah Ochoga was not personally found culpable nor punished for any wrong doings by the Government of Benue State in its various views and decisions on the Report of the Panel on the Operation of the Local Government Joint Account 1980-1983.

(b) A declaration that the plaintiff was not found guilty of any criminal conduct or act by the Benue State Government or any other Agency of Government as a result of the investigations into the operations of the Benue State Local Government Joint Account, 1980-1983.

(c) A declaration that the plaintiff was never banned, prohibited or blacklisted from holding public office or serving in other capacities of Government as a result of the investigations into the operations of the Benue State Local Government Joint Account, 1980 -1983

(d) A declaration that the Administrative Panel’s findings and recommendations and the government views and decisions in respect of the plaintiff in Exhibit JAAO/2, the Benue State Government white paper, is contrary to rules of natural justice, unconstitutional, null and void and of no consequence whatsoever.”

Filed along with the originating summons were the statement of facts, twenty-three paragraphed affidavit in support, as well as Exhibit JAAO/1 and JAAO/2. Before hearing in the suit commenced, there was filed by the plaintiff a further affidavit of twenty-four paragraphs to which exhibits JAAO/7 and JAAO/8 were exhibited.

On the other hand, the defendants in the lower court and respondents in this court filed a five paragraphs counter-affidavit. The learned trial Judge heard addresses from both counsel for the plaintiff and the defendants on the 29th October, 1996 and adjourned for judgment. On reading through the papers filed and hearing Counsel’s arguments in court, the learned trial Judge called for further addresses on: