Mr Ajih Endurance, Esq.& Ors v. The Federal Republic Of Nigeria & Ors (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JANE ESIENANWAN INYANG, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the Federal High Court Coram A. Dogo, J., delivered on 15th February, 2021, in suit No: FHC/AK/CS/06/2018 wherein the learned trial Judge upon review of the evidence adduced during trial and consideration of arguments canvassed in the final written addresses of learned counsel on record for the parties at the lower court, (after it had given a considered ruling which dismissed the preliminary objection by the 2nd defendant which pertained to lack of cause of action and non-justiceability of the plaintiff’s suit) dismissed the suit on the ground that the claims of the plaintiff (the 1st appellant herein) lacked merit.

The suit at the lower court was commenced by way of an originating summons filed on 26th February, 2018, in the registry of the lower court. On 8th March, 2019, the lower court ordered, upon oral application of learned counsel on record for the parties, that pleadings be filed to allow for the proper and just determination of the issues in dispute between the parties.

In the statement of claim filed on 19th March, 2019, the plaintiffs, (the appellants herein) claimed jointly and severally against the defendants (the respondents herein) as follows:

a. ‘A declaration that the plaintiffs as persons among the 30,000 (thirty thousand) persons documented after their demobilization, rehabilitation and reintegration in accordance with the Presidential Proclamation of 25th June, 2009 of the Amnesty Programme of the 1st defendant, are part of, or members of the Niger Delta Amnesty programme and are therefore entitled to be paid the monthly stipend of N65,000 (sixty five thousand Naira only).

b. A declaration that the non-payment by the defendants to the plaintiffs since December 2010 to December 2017 of the monthly stipends of the sum of N65, 000.00 (sixty five thousand Naira only) payable to every person documented in accordance with the Presidential Amnesty Programme of the 1st defendant, is wrongful.

c. An order for the payment to the plaintiffs jointly in the sum of sixteen million, three hundred and eighty thousand Naira only (N16,380,000.00) by the defendants being total sum of the plaintiffs’ unpaid stipends of the sum of N65,000.00 (sixty thousand naira only) under the Amnesty programme of the 1st defendant from December, 2010 to December, 2017 or

d. An order for the payment to each of the plaintiffs of the sum of Five Million Four Hundred Sixty Thousand Naira Only (N5, 460, 000. 00) being the total sum of each plaintiff’s unpaid monthly stipend of N65,000.00 (Sixty five Thousand Naira) only under the Amnesty Programme of the 1st respondent from December 2010 to December, 2017.

e. An order for the payment to each of the applicants, the monthly stipend of the sum of N65,000.00 (sixty five thousand naira only) from January 2018 till the official closure of the Amnesty Programme.

f. An order for the payment as damages of the sum of fifty million naira only for the wrongful non-payment of the plaintiffs monthly stipends since December 2010 till date.

g. An order for the payment of an interest at the rate of 21% per annum of the total sum N16, 380,000 (sixteen million, three hundred and eight thousand naira) from December 2010 to December 2017 and at 21% of the total sum per monthly (sic) until the entire sum is finally liquidated.

h. An order for the payment of three million Naira (N3, 000,000.00) as cost of this suit.

Piqued with the decision of the lower court, the appellants filed a notice of appeal in the registry of the lower court on 8th March, 2021, it was predicated on five grounds which are particularized.

The following issues were distilled from the grounds in the appellants’ brief filed on 25th January, 2022 and deemed on 6th March, 2024: