Robert C. Okafor & Ors V. The Attorney-general and Commissioner for Justice Anambra State & Ors (1988)

LawGlobal-Hub Lead Judgment Report

OGUNTADE, J.C.A. 

This ruling is upon two applications both of which were brought by applicants who were the plaintiffs in the lower court. The first of the applications was filed on 17th March, 1987 and is treated under Suit No. CA/E/74M/87. The reliefs sought by the applicants therein are:

(a) A stay of the ruling/judgment or execution in the above named suit pending the determination of the appeal.

(b) An injunction to restrain the 1st and 2nd defendants/respondents from acting on the said ruling to recognize the 5th defendant/respondent as the traditional ruler of Awka pending the determination of the appeal and

(c) Any further order or orders as the Honourable Court may deem fit in the interest of justice.”

The second application was filed on 2/12/87 and is treated under Suit No. CA/E/331M/87. The applicants pray therein for an order:-

“Setting aside and/or revoking the recognition granted to the 5th defendant Ozo, A.C. Ndigwe as the Traditional Ruler of Awka while the issue touching the said recognition was still pending in Court.”

The issues leading to both applications arose in this way: The applicants as plaintiffs on 7/7/86 commenced an action at the Awka High Court claiming some reliefs. Pleadings were ordered to be filed. The applicants filed their statement of claim. On 19/8/86, the 4th and 5th respondents in this application who had then not filed their own statement of defence brought an application pursuant to Order 29 Rule 1 of the Anambra State High Court Rules praying that the “Plaintiffs’ suit be dismissed without any answer” on these grounds:

“The Court has no jurisdiction to entertain the action because-

a) The Statement of Claim discloses no cause of action.

(b) The plaintiffs have no locus standi to bring the action.

(c) No justiciable issue is disclosed by the statement of claim as to give the court jurisdiction in accordance with section 6(6)(b) of the 1979 Constitution of Nigeria.

(d) The statement of claim is fishing and is an abuse of the process of the Court.”

Rule 1 of Order 29 under which the application by 4th and 5th respondents was brought provides: