Rahamaniya United (Nig) Ltd V. Minister Of Fct & Ors (2021)

LAWGLOBAL HUB Lead Judgment Report

UWANI MUSA ABBA AJI, J.S.C.

The Appellant was allocated plots of land measuring about 8000m2 delineated as Plots 216, 217, 218, 219, 225, 226, 227, 228, Wuye District, Abuja, vide a letter of offer of Terms of Grant/Conveyance of approval dated 4/1/1995 as shown at page 8 of the record. The acceptance was made after 36 days by the Appellant and submitted same to the 1st-3rd Respondents. See pages 8 and 9 of the record. The design of the building was carried out by the Appellant’s architect but the development of the land was stalled because infrastructures were yet to be in place and the Certificate of Occupancy was not yet issued. In the interim, the Appellant on 18/10/2000 noticed that some unknown persons herein referred to as the 4th Respondent, took possession of the land and dug foundation to commence development thereon. Inquiries made at the office of the 2nd and 3rd Respondents to ascertain the identity of the 4th Respondent failed. Besides, the Appellant could not also locate its file with them. This consequently caused the Appellant to file an action before the Federal High Court, Abuja, on 22/3/2004, seeking for the reliefs contained at page 7 of the record.

The 1st to 3rd Respondents without filing statement of defence challenged the jurisdiction of the trial Court to entertain the suit vide a preliminary objection on the ground that it is statute barred by virtue of Section 2(a) of the Public Officers Protection Act, 1990. The trial Court upheld the preliminary objection and dismissed the suit. The Appellant lost when it appealed to the lower Court, hence this appeal. The Appellant has distilled 3 issues for the determination of this appeal thus:

1. Whether the Justices of the Court of Appeal considered the justice of the appeal before them when they ignored and failed to determine the nature of relationship subsisting between the parties canvassed by the Appellant.
2. Were the Justices of the Court of Appeal right when they held that the 1st, 2nd and 3rd Respondents were entitled to protection offered by the Public Officers Protection Act.
3. Was the Court below right in affirming the decision of the trial Court when it failed to avert its mind to the fact that the trial Court has no jurisdiction in entertaining the preliminary objection of the Respondents?

The 1st to 3rd Respondents contrarily formulated 2 issues for determination thus:

1. Whether Section 2(a) of the Public Officers Protection Act, Cap 379, Laws of the Federation of Nigeria, 1990, can be applicable in the circumstances of this matter?
2. Whether the Court of Appeal correctly considered the cardinal issues arising from this case?

I shall summate the issues distilled by both the Appellant and the 1st-3rd Respondents into one as follows:

Whether the lower Court was right to dismiss the case of the Appellant on the preliminary objection filed that the Appellant’s case was caught up by Section 2(a) of the Public Officers Protection Act?

SUBMISSIONS OF COUNSEL:

The Appellant’s submission is that the fresh issue of law which the lower Court granted leave to the Appellant to argue was not considered by the lower Court, thereby denying fair hearing and occasioning miscarriage of justice to the Appellant. He relied on LARMIE V. D.P.M. S. LIMITED (2005) 18 NWLR (PT.958) AT 463.

It was further submitted that the protection accorded by Section 2(a) of the Public Officers Protection Act does not avail where there is an abuse of office with no semblance of legal justification, or to cases of contract. He cited in support the cases of OFFOBOCHE V. OGOJA LOCAL GOVERNMENT (2001) 16 NWLR (PT.739) AT 457 and F.G.N. V. ZEBRA ENERGY LIMITED (2002) 18 NWLR (PT. 798) AT 175 respectively.

The Appellant’s learned Counsel’s submission herein is that the lower Court did not have jurisdiction to have entertained the preliminary objection when it was not accompanied with a statement of defence as provided by Order 26 Rule 2(1) of the Federal High Court (Civil Procedure) Rules, 2000. He equally cited in support the case of IBRAHIM V. APC (NO.1) (2019) 16 NWLR (PT. 1699) AT 460. He prayed for the resolution of this issue in favour of the Appellant and that the appeal be allowed.

The 1st to the 3rd Respondents on the other hand argued that once an act complained of was done by a public officer, it is immaterial whether it is contractual or recovery of land. He cited in support F.O. OBAYIUWANA V. MINISTER OF FEDERAL CAPITAL TERRITORY, CA/A/152/06 DELIVERED ON 15/1/2009.

It is further submitted that the lower Court determined all the issues submitted for consideration by the Appellant. Besides, that the lower Court did not err in failing to pronounce specifically on the issue of the nature of relationship between the Appellant and the 1st-3rd Respondents, neither did the failure occasion a miscarriage of justice. He relied on AKPAN V. FRN (2012) 1 NWLR (PT. 1281) 421. He therefore urged that this issue be resolved in their favour and to dismiss the appeal.

Without the repetition of the facts in this appeal, the Appellant and the 1st-3rd Respondents entered into a contract in respect of the allocation and conveyance of Plots 216, 217, 218, 219, 225, 226, 227, 228, Wuye District, Abuja, vide a letter of offer of Terms of Grant/Conveyance of approval dated 4/1/1995. Nevertheless, the 1st-3rd Respondents re-allocated same to unknown persons, who ought to have been joined in the suit. This amounted to revocation of the Appellant’s interest in the land without communicating same to the Appellant contrary to Section 28 (6)(7) of the Land Use Act, 1990.

I must not dispute the fact that the 1st-3rd Respondents are entitled to protection and privileges contained in Section 2(a) of the Public Officers Protection Act before an action is instituted against them. This however, is not a general rule.