Obeya Memorial Specialist Hospital Ayi-onyema Family Limited V. Attorney-general Of The Federation & Anor. (1987)

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OBASEKI, J.S.C.

This is an interlocutory appeal. The Plaintiffs/appellants instituted an action against the respondents in the Benue State High Court of Justice at Makurdi claiming:

(1) a declaration that the entry of the land and buildings of the Obeya Memorial Specialist Hospital Oturkpo Town in Oturkpo Local Government Area by Army and Airforce personnel as well as by officers and servants of the Government of Benue State was unlawful and amounts to trespass;

(2) a declaration that the Government of Benue State has no right to take or retain possession of the said land and buildings from the plaintiff save in accordance with due process of law;

(3) an order for inquiry into damages suffered by the plaintiff as a result of the unlawful entry of the said land and buildings (a) by Nigerian Army and (b) Nigerian Air force personnel;

(4) an order for inquiry into damages suffered by the plaintiff as a result of the trespass committed by the Benue State Government on the plaintiff’s goods as well as on the said land and buildings;

(5) an order for payment of appropriate sums as compensatory and/or exemplary damages to the plaintiff for the acts of trespass aforementioned; and

(6) an injunction restraining all officers of the Nigerian Army and Airforce and all officers. servants and agents of the Benue State Government from continuing the said acts of trespass or committing further acts of trespass or from preventing the plaintiff, its officers, servants and licensees from obtaining access to the land and buildings used for the purposes of the Obeya Memorial Specialist Hospital.”

The appellants followed the filing of the action with an application by motion on notice for:

“(1) An order restraining all the officers and men of the Nigerian Army and the Nigerian Air Force by themselves, their servants or agents or otherwise from preventing the plaintiffs from obtaining access to and occupying the premises known as Obeya Memorial Specialist Hospital Ayi-Onyema Family Limited:

(2) An order requiring the Federal Government and/or the Benue State Government to restore possession of the said premises to the plaintiffs;

(3) An order restraining the Federal Government and/or Benue State Government by themselves, their servants or agents or otherwise from delivering possession of the said premises to any person other than the plaintiffs or its duly authorised agents; pending the determination of the above action and for such further and or other orders as this Honourable Court may deem fit to make in the circumstances.

The application was heard by the Chief Judge of Benue State, Alhassan Idoko, and on the 7th day of May, 1986, he dismissed the application in a considered Ruling. In the course of his Ruling, the learned Chief Judge made a lot of pronouncements which are not reflected by the order of dismissal. He said:

“I am bound by the opinion of the Supreme Court that even in this military regime, the rule of law is in operation that no government in the Federation should put (sic) (take) Law into its hand as that will be an encouragement to tyranny. No court of law will rejoice at a usurpation of its powers…………….