Nzube Anazodo v. Pazmeck Intertrade Nigeria Limited & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

UWANI MUSA ABBA AJI, JSC (Delivering the leading judgment)

The appellant being a Customs Licensed Clearing Agent in the Lagos Ports was engaged in 1999 to clear forty feet container of goods at the Lagos Ports for the respondents, who were importers.

The respondents were charged N700,000 and paid same and agreed that the goods would be delivered within 2 weeks. When after 4 weeks the goods did not come, the respondents went to ascertain the cause of the delay in the Lagos Ports.

They were then informed that the appellant forged some of the documents and receipts used in clearing the said container, which caused the container to be seized. All efforts to secure the release of the container failed.

Consequently, a legal practitioner was engaged. The Board of Customs resultantly investigated the matter and indicted the Appellant and one Nurudeen Atta and recommended their prosecution but the appellant did not testify before it.

The respondents’ container was later released to them having paid all the necessary fees again while some goods were missed. The respondents later instituted this suit in the Nnewi High Court claiming N5 million damages as special and general damages.

Both the trial and lower courts gave judgment in favour of the respondents, hence this appeal. The appellant has formulated these issues for determination:

1. Whether the Court of Appeal was right in holding that the Anambra State High Court had the jurisdiction to entertain the respondents’ suit and not the Federal High Court in view of the clear provisions of section 251 particularly subsection (1) (C) 1999 Constitution of the Federal Republic of Nigeria.
2. Whether the Court of Appeal was right in holding that the fundamental rights to fair hearing of the appellant guaranteed by section 36(1) 1999 Constitution and enunciated in many Supreme Court judgments including:

(A) Denloye v. Medical and Dental Practitioners Disciplinary Committee (2003) 44 WRN 115; (1968) All NLR 306.

(B) Dr. Sofekun v. Chief Akinyemi (1980) 5 – 7 S.C 1.

(C) Garba & Ors. v. University of Maiduguri (1968) 2 S.C 128 at 155; were not infringed by the learned trial Judge’s heavy reliance on a report of a Panel of Inquiry which indicted the appellant of a criminal offence?

3. Whether the Court of Appeal was right in affirming the award of special damages of N527,000, N132,096, N172,050 and awarding N340,000 which the High Court expressed dissatisfaction?

The respondent on the other hand framed these issues for the determination of this appeal:

1. Whether the learned Justices of the Court of Appeal were right in upholding the decision of the learned trial Judge that the State High Court had the jurisdiction to hear and determine the suit as constituted.
2. Whether the learned Justices of the Court of Appeal were right in holding that section 36 of the 1999 Constitution was not breached and cases cited by the appellant on same irrelevant in the determination of the appeal.
3. Whether the appellant specifically appealed against the awards of N527,000.00, N132,000.00 and N172,050 respectively as special damages.
4. Whether the Court of Appeal was right to reverse the decision of the trial Judge reducing the sum of N340,000.00 claimed as special damages to N150,000.00.

Issue for determination:

I shall consider the three issues together framed by the appellant compressed as follows:

Whether the lower court had the requisite jurisdiction to determine the suit and to dismiss the case of the appellant as lacking in merit.