Professor A. R. Anao V. The Sun Publishing Limited & Ors. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of Edokpayi J. delivered on 26/10/06 wherein he concluded at Page 38 of Record which read:

“Finally in the circumstance of the foregoing I hereby decline jurisdiction to entertain the matter I hold that the facts of this case showed that the case ought to have been instituted in the Federal High court. This suit is hereby struck out for lack of Jurisdiction.”

It is against this Ruling that the appellant filed a Notice of Appeal as shown at page 38 of the Record which reads –

Part of the decision complained of: whole decision.

Grounds of Appeal:

(1) The learned trial Judge erred in law when he held that:

“the allegations made against the Plaintiff/Appellant were made in his capacity as the Vice Chancellor of the University of Benin involved in the administration or the management and control of the Federal Government Agency i.e University of Benin.

PARTICULARS

(i) The libel complained of was against the Plaintiff/Appellant and not the University.

(ii) The Plaintiff is a separate legal entity from the University.

(iii) The University did not sue for libel.

(iv) The Plaintiff is not a Federal Government Agency.

(2) The learned trial Judge erred in law in declining jurisdiction to entertain a libel matter and holding that only the Federal High Court has exclusive jurisdiction to entertain same pursuant to sec. 251 of the Constitution of the Federal High Court of Nigeria 1999.