Registered Trustee Of Media Initiative Against Injustice, Violence And Corruption (MIVOOC) v. Attorney General Of The Federation (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMAD IBRAHIM SIRAJO, JCA (Delivering the Leading Judgment)

By way of a motion ex parte, dated and filed on 28th September, 2021 before the Federal High Court, Benin Division (hereinafter referred to as the lower court), the appellant. as applicant, prayed the lower court for the reliefs hereunder reproduced:

1. An order of this honourable court granting leave to the applicant to apply for an order of mandamus compelling the respondent to furnish applicant with the copies of documents and information requested for and attached to the letter marked “Exhibit A”.
2. And for such further order that this honourable court may deem fit to make in the circumstances of this case.

The application was supported by an affidavit of 10 paragraphs sworn to by one Chike Walter Duru, PhD, a trustee of the applicant, now appellant. Annexed to the affidavit is exhibit A, titled Freedom of Information Request addressed to Mr. Abubakar Malami, SAN, the Honourable Attorney General and Minister for Justice, Federal Ministry of Justice, Abuja.

The request, as contained in exhibit A attached to the affidavit in support of the application, was for a copy of the Forensic Audit Report on the Niger Delta Development Commission (NDDC), as submitted to your office.

In its enrolled order dated the 3rd day of February, 2022, copied at pages 11 & 12 of the record of appeal, the lower court, (Coram: Hon. Justice (Prof.) Chuka A. Obiozor), refused the application for want of evidence proving that the document sought was in the custody of the respondent.

Jilted by the refusal of the lower court to grant the leave sought, the appellant initiated this appeal vide a notice of appeal dated 7th February, 2022 but filed on 8th February, 2022, anchored on 2 grounds of appeal.

By paragraph 4 of the notice of appeal, the reliefs sought by the appellant is for an order setting aside the ruling of the lower court and hearing the case as a court of first instance.

Appellant’s brief of argument, settled by President Aigbokhan, Esq., was filed on 16th August, 2022, with a lone issue distilled for determination, thus:

Whether on the record before the lower court a prima facie case was made out for the grant of the application?

Respondent’s brief was filed on 12/02/2024 and deemed properly filed and served on 17th October, 2024. Counsel who settles the brief, T.D. Agbe, from the Chambers of the Attorney General of the Federation, also formulated a sole issue for determination, in the following words:

Whether the learned trial Judge was right to have dismissed the appellants application for want of evidence?

In the notice of appeal, copied at pages 13 & 14 of the record of appeal, the appellants grouse is against a ruling of the lower court delivered on the 3rd day of February, 2021, portion of which was quoted in ground one. In the course of preparing this judgment, I realized, after a thorough scrutiny, that the ruling appealed against is not part of the record of appeal compiled and transmitted to this court.

What was transmitted was the enrolled order of the lower court prepared pursuant to the ruling. The appeal is not against the enrolled order but against a ruling. The implication is that what was appealed against is not before this court, and it is practically impossible for this court to determine the appeal without the ruling appealed against.

Technically and substantively speaking, there is no valid appeal before this court. It is rather unfortunate that counsel for both parties have dissipated energy, time and resources in pursuing shadows without adverting their minds to this all-important omission in the record of appeal.