Mike Okoye V. Mr. John Ebhodaghe (1999)

LawGlobal-Hub Lead Judgment Report

ABDULLAHI, J.C.A. 

The real issue for determination in this appeal does not call for a detailed setting of the facts or this case. Be that as it may, it will be helpful to state them briefly. The matter arose from the arrest and detention of one Mr. Udemezue in connection with an alleged unauthorised credit of over Six Million Naira granted by him as the then Manager of African Continental Bank Plc., Nasarawa-Eggon Branch to a customer of the bank. Mr. Udemezue suffered from a fracture of the thigh from an accident in the course of recovering the unauthorized debt. He was treated, but was arrested and detained before the fracture fully healed.

While in detention, a need arose which called for proper medical attention. The doctors serving with the Police Hospital, Lagos issued out at least three medical reports on Mr. Udemezue’s deteriorating health condition and suggested reference to an orthopaedic hospital for further surgery and treatment.

The appellant who happened to be the counsel retained by Mr. Udemezue wrote some letters to the authorities at the Nigeria Deposit Insurance Corporation (NDIC) attaching the Police Medical reports to plead for the release of Mr. Udemezue to seek medical attention as advised in the medical reports. Unfortunately, no prompt favourable response was received from the authorities. Eventually, a belated action was taken, but Mr. Udemezue died.

The appellant then as counsel to late Udemezue wrote to the Attorney General of Lagos State requesting the Attorney-General to prosecute the present respondent, the Managing Director, Nigeria Deposit Insurance Corporation. The Attorney-General of Lagos State did not take any action on the request. The appellant then went to Lagos State High Court and applied for an Order of Mandamus to compel the Attorney-General of Lagos State to charge the respondent for the murder of Mr. Udemezue.

In July 1998, the Lagos High Court granted the leave to the appellant to apply for the order of mandamus. In August 1998, the Lagos High Court ruled that it had no power to compel the Attorney-General of Lagos State to lay the charge. This aspect of the matter is now subject of appeal before the Court of Appeal, Lagos Division.

What followed next was the basis for this appeal. After the ruling of the Lagos State High Court, the respondent caused his Solicitors to institute an action for libel against the appellant. It is worth mentioning at this juncture that the application submitted to the Lagos State Attorney-General by the appellant, contained some materials which the respondent considered libelous of him. Somehow, copies of these papers found their way to the media and were extensively published by many national dailies.

It was on this basis that the respondent caused an action for libel to be instituted on his behalf against the appellant.

An application for leave to issue the writ of summons and serve same out of jurisdiction was heard and granted on 11/12/98 in the High Court of the Federal Capital Territory, Abuja.

The writ of summons to be served out of jurisdiction was filed on 14/12/98. The appellant entered a conditional appearance on 13/1/99. On the same 13/1/99, the appellant filed a notice of preliminary objection, challenging the jurisdiction of the Abuja High Court to entertain the claims before it filed by the respondent.

The actual proceeding giving rise to this appeal took place on 12/4/99. It is a short proceeding of one page. It went on thus: –

“Date: 12/4/99

Suit No: FCT/HC/M/999/98

Between: