The Assistant Inspector General Of Police & Anor V. Alhaji Ibrahim Isa Gombe (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAIDU TANKO HUSSAINI, J.C.A.(Delivering the Leading Judgment)

This appeal is against the Judgment delivered at the Federal High Court, sitting in Yola, on 9th June 2015 coram: Justice Bilkisu Bello Aliyuin Suit No. FHC/YL/CS/2015.

The respondent as Plaintiff had by an Originating Summons filed by him at the Federal High Court registry on the 19th February, 2015 sought the several reliefs set out in the originating process to wit:

A declaration that the 1st defendant has no power to investigate a valid Judgment of Upper Area Court 2 Yola in Suit No. UA2Y/CV/19/322/2013 which has not been set aside by the same Court or on appeal.

(i) A declaration that the 1st respondent has no power to investigate a valid auction conducted by the Upper Area Court 2 pursuant to its Judgment delivered on 23rd December, 2014 which has not been set aside

(ii) An Order of Court directing the 1st respondent to release plaintiffs property that was seized which is in custody of the 2nd Defendant.

(iii) An Order of Court directing the 2nd defendant to immediately release the (sic) plaintiff?s property in its custody.

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The affidavit deposed to in support of the application at the Court below contain diverse facts and circumstances relied upon by the plaintiff to sustain the reliefs sought by him. It is apparent that respondent did not depose to any counter-affidavit in opposition to the Originating Summons as the Court below had struck out on ground of incompetence the application filed by them seeking as it were, an extention of time to file their counter-affidavit. The case, thus proceeded into hearing at the end of which the Court below in a considered Judgment delivered on 9th June, 2015 granted all the reliefs sought by the appellants the plaintiffs before that Court.

Dissatisfied with the Judgment rendered at the Court below, the defendants appealed to this Court vide the Notice of Appeal filed on the 11th June, 2015 containing two (2) grounds of appeal and reflected at pages 87 ? 89 of the record of appeal. The said record was transmitted to this Court on the 26th August, 2015. For clarity of purpose I should set out the 2 grounds as follows:

GROUNDS OF APPEAL No. 1:

The learned trial Judge of the Federal High Court erred in law and on the facts, when

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he held that the appellants were investigating a Judgment and its execution of the Upper Area Court.