Socio-political Research Development V. Ministry Of Federal Capital Territory & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

IBRAHIM TANKO MUHAMMAD, J.S.C.

The appellant, herein, was the respondent/plaintiff at the Court of Appeal, Abuja (Court below) and the High Court of the Federal Capital Territory, Abuja (the trial Court), respectively. The respondents, herein were the appellants at the Court below and defendants at the trial Court. The plaintiff took out a writ of summons dated 3rd August, 1999 and filed along with it a statement of claim.

The matter was before Kolajo, J. and several applications filed by the respondents/defendants in the matter were heard and refused. Kolajo, J. retired before the matter was finally determined and it was consequently re-assigned to I. U. Bello, J. (as he then was). On the 30th of September, 2001, Bello, J. took a motion for stay of proceedings which he granted pending appeal.

The respondents alleged that the appellant, without any notice to them, moved the trial Court to discharge the order of stay of proceedings earlier granted by the same Court when they were served with notice of motion for judgment filed by the appellant. The respondents filed a

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motion for the stay of proceedings and a motion for preliminary objection to the appellant’s motion for judgment. The trial Court refused both applications which were struck out. What was then left before the trial Court was the appellant’s motion for judgment and counter affidavit of the respondents. The respondents meanwhile, had filed an interlocutory appeal entered by the Court below as No.CA/A/32/2002. The trial Court overruled the objection of the respondents and entered judgment for the appellant based on the motion for judgment. The respondents were dissatisfied and filed their appeal to the Court below praying that Court to strike out the interlocutory appeal No.CA/A/32/2003 on the ground that it was similar to the substantive appeal filed.

From the records, both parties pursued to its logical conclusion, appeal No. CA/A/113/2004 where the Court below held that the respondents were agencies or agents of the Federal Government and as such the FCT High Court had no jurisdiction to entertain the appellant’s action despite the fact that its claim was based on a simple contract. That is the basis of the appellant’s appeal to this Court.

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In this Court, briefs were filed and exchanged with issues formulated therein. Appellant’s issues read as follows;-

1. “Whether it is proper for the respondents to maintain Appeals No.CA/A/32/2002, CA/A/113/2003 and CA/A/113/2004 before the Lower Court or neglect to serve their Notice of Appeal, Record of Proceedings and appellant’s brief in Appeal No. CA/A/113/2004 on the appellant.
2. Whether the 1st respondent is indeed an agency of the Federal Government.
3. Whether the Federal High Court has exclusive jurisdiction over matters of simple contracts involving agencies of the Federal Government.
4. Whether the respondents validly raised ground 2 of their grounds of appeal which challenges the legal personality of the appellant.”

The respondents set out their issues as follows:-

1) “Whether this appeal is not incompetent by virtue of the fact that the appellant lacks the requisite legal personality to maintain and sustain an action or appeal.

2) Whether the 1st respondent is indeed an agency of Federal Government of Nigeria thereby giving the Federal High Court exclusive jurisdiction as provided

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for in Section 251(1) of the 1999 Constitution of the Federal Republic of Nigeria.