M. U. O. Ezomo V. Attorney-general, Bendel State (1986)

LawGlobal-Hub Lead Judgment Report

ANIAGOLU, J.S.C.

This appeal involves the authority of an Attorney-General of a State to withdraw an appeal which was lodged by a State Government to the Court of Appeal against the judgment

of a State High Court; the effect and the binding nature of the Attorney-General’s exercise of that authority upon the State Government and the A functionaries of the Ministry of Justice and the validity or otherwise of an interference, by the Solicitor-General of the State and those working under him, with that exercise of the authority by the said Attorney-General. But before I embark upon a resolution of the above, it will be convenient to set out the background facts which have led to these proceedings.

Before the coming into office of the civilian government on 1st october 1979 (usually referred to the 2nd Republic) the Military was governing this country. They made spirited and determined efforts to eradicate the endemic social disease (namely corruption) which had afflicted the body politic of the Nigerian Society.

In pursuance thereof the Bendel State Government, on 17th October 1975, appointed a four-man panel headed by one Prince David I. Akenzua, a Legal Practitioner, and which was known as the Assets Verification Panel to verify and examine the assets of public officers of Bendel State holding certain posts; for the period January 1966 to September 1975, applying for the inquiries, relevant provisions of Decree No.37 of 1968 known as the Investigation of Assets (Public Officers and other Persons) Decree, 1968.

It would appear that in the discharge of that assignment the panel investigated the assets of one Civil Engineer, Daniel Osahon Uhimwen, and on the principle that he appeared to have acquired assets far in excess of any income from his known or ostensible means of livelihood, adjudged that he should forfeit to Government a house and property situate at No.8 Agbonlahor Street, Uzebu, Benin City. But the house, apparently, belonged not to him but to his father M.U.O. EZOMO, who was not a public officer.

The said Mr. Ezomo wrote a petition against the forfeiture to the Military Government but he got no reply. He wrote a reminder and another petition dated 28th March 1977 and 26th April 1977 respectively. He complained that the said property at No.8 Agbonlahor street, Uzebu, Benin City , was his own; that it did not belong to Daniel Osahon Uhimwen his son, and that he was not given a hearing before the inquiry panel, before the house was forfeited. Not having received any reply to his petitions, M.U.O. EZOMO (hereinafter referred to as the plaintiff) took out a writ of summons in the High Court of Justice of Bendel State holden at Benin City claiming:

“(a) A declaration that the purported forfeiture of the said property contained in Bendel State Government Gazette No.1 Volume 14 of 16th January 1977 is null and void and of no effect whatsoever.

(b) A declaration that the plaintiff is entitled to the possession of the land and premises situate at No.8 Agbonlahor Street, Benin City wrongfully forfeited and occupied by the agents and servants of the Bendel State Government since January 1977.

(c) A declaration that the plaintiff is entitled to mesne profit (sic) from the 6th day of January 1977 until possession is delivered up.

(d) Perpetual injunction to restrain the defendant whether by themselves, public servants, or agents or otherwise howsoever from entering, trespassing, using or remaining in occupation of the plaintiff’s property at No.8 Agbonlahor Street, Uzebu Quarters, Benin City.”

The action was heard by Uwaifo, J. who, at the end of trial, entered judgment with costs for the plaintiff on 10th October 1980 granting the declaratory reliefs sought in (a) , (b) and (d) above but refusing the declaration for mesne profits.

It was against this judgment that the defendant – the Attorney-General of Bendel State (then one Mr. Obasuyi) – appealed – to the Court of Appeal in 1980. But on 15th April 1983 he (Mr. Obasuyi) filed in the High Court, Benin City. a notice of “withdrawal” of the Appeal, a copy of which, as hereunder, was served on the respondent:

“CIVIL FORM 14