Mrs. Mary E. Onyeka & Anor V. Celestine Ogbonna & Ors. (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL C. OSEJI, J.C.A. (Delivering the leading Judgment)

This appeal is against the ruling of Hon. Justice A. Obaseki of the Federal High Court Makurdi Division delivered on the 8th day of June 2010 wherein the learned Trial Judge granted the respondents application and restrained the appellants from further appearance on behalf of the First City Monument Bank in Suit No.FHC/CS/MKD/03/2010 and also ordered that all processes filed by the appellants be struck out and their clients directed to seek the services of another counsel.

A brief history of this case was that sometime in December 2009 the respondents with some other persons obtained the services of the 1st appellant (Mrs. Mary E. Onyeka) who is a private legal practitioner to write a letter of complaint on their behalf to the Assistant Inspector General of Police, zone 4, Makurdi against one Engr. Daniel Shobayo for criminal breach of trust. The sum of N30,000 was paid to the 1st appellant for her services.

Subsequently, the respondents as plaintiff filed a writ of summons in the lower court against four defendants. To wit. (a) Economic and Financial Crimes Commission (EFCC) (b) First City Monument Bank (FCMB) (c) Dongchen Highway Nigeria Ltd (d) Engr. Daniel Shobayo. The claims as per paragraph 20 of the plaintiffs joint statement of claim dated 11-1-2010 and filed on 18/1/2010 reads thus:- (see pages 11-12 of the record)

WHEREFORE the plaintiffs claim from the defendants as follows:

a. AN order of mandatory injunction directing the 1st defendant to carry out her statutory duties under the Economic and Financial Crimes Commission (Establishment Act) 2004 as amended, to wit: investigate, fish out, arrest and prosecute the 3rd and 4th defendants and any other person found to have been involved in or benefited from the contract scam between the 2nd defendant and 3rd defendant for the construction of the 2nd defendant’s branch office building materials and cash all valued at N7.3 million Naira and to recover the said money.

b. The cost of filing and prosecuting this action, including filing, legal and solicitors’ fees.

Alternatively

c. AN ORDER of the Honourable court directing the 2nd defendant pay to the plaintiffs moneys due to them from the building materials and cash collected from them by the 3rd and 4th defendants in the process of executing a contract awarded to the 3rd defendant by the 2nd defendant, which building materials were actually used in the construction of the 2nd defendant’s branch office Building in Makurdi, for which the plaintiffs were not paid, totaling N7.3 Million Naira.

Or

d. A DECLARATION that the plaintiffs, who are victims of the economic crime committed by the 3rd and 4th defendants, which proceeds of the crime are used in developing the 2nd defendant’s branch office building in Makurdi, are co-investors and part owners of the said Branch Office Building and are therefore entitled to a lien on the property and rents thereon from the 2nd defendants.

And thereafter

e. An order of the Honourable court appointing an Estate Valuer to value the interest of the plaintiffs in the property, the 2nd defendant’s branch office building, for the purpose of determining the plaintiffs’ equity in the property and to calculate the annual rents due to the plaintiffs as part-owners and co-investors.

f. AN order of injunction restraining the 2nd defendant howsoever and by whomsoever from taking over occupying and putting to use, the Branch Office Building until the plaintiffs’ interest are clearly determined and secured.