The Federal Government Of Nigeria & Ors V. Shobu Nigeria Ltd & Anor (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment)

The appeal is against the judgment of Molokwu, J. of the Federal High Court, Ibadan against the Appellants delivered on 21st December, 2007.

The Respondents were the plaintiffs in the lower court who in their amended statement of claim sought the following reliefs:

(1) “A declaration that the first and second defendants who through the execution of road construction works” at the intersection or thereabout of the Lagos-Ibadan Expressway and the Ibadan Ilorin Road dualization (under construction) at Ojoo, Ibadan, by its agents the Federal Road Maintenance Agency (FERMA), and negligent by directing the drainage channel which caused devastating flooding to the properties of the plaintiffs.

(2) A declaration that the acts of the 1st and 2nd defendants in the execution of road construction works at the intersection or thereabout of the Lagos-Ibadan Expressway and the Ibadan-Oyo-Ilorin Road dualization (under construction) at Ojoo, Ibadan by its agent the Federal Road Maintenance Agency (FERMA), by directing the drainage channel which caused devastating flooding to the property of the plaintiffs constitutes nuisance.

(3) An order directing and or compelling the defendants by themselves their agents howsoever called to remove forthwith the drainage channel and all other forms of nuisance causing the flooding, away from the direction of the plaintiff’s properties at the intersection or thereabout of the Lagos-Ibadan expressway and the Ibadan-Oyo-Ilorin road dualization (under construction) at Ojoo, Ibadan in abatement of the continuing nuisance.

(4) An order for the payment of Twelve Million Naira (N12,000,000.00) by the defendants to the plaintiffs as a compensation for special damages caused by the act of negligence of nuisance (sic) of the 1st and 2nd defendants required for the restoration of the entire premises of the plaintiffs depreciated properties at Ojoo, Ibadan back to their existing use value.

(5) An order for the payment of Five Million Naira (N15,000,000,00) by the defendants to the plaintiffs as compensation for general damages, deprivation and disturbances caused by the acts of negligence and nuisance of the 1st and 2nd defendants in the execution of the construction works at the intersection or thereabout of the Lagos Ibadan Expressway and the Ibadan-Oyo-Ilorin Road dualization (under construction) at Ojoo, Ibadan.”

At the close of trial, judgment was entered in favour of the plaintiffs in the sum of N12,000,000,00 (Twelve Million Naira) and costs of N50,000.00.

Dissatisfied with the said judgment the defendants (now Appellants) filed a Notice of Appeal on 18th January, 2008, pages 83-84 of the printed records.

The Appellants formulated two issues for the determination of this appeal. They are:

“ISSUE 1:

Whether the Federal Ministry of Works is a juristic personality against whom an action can lie.

ISSUE 2: