GOVERNOR OF IMO STATE & ORS v. MONIER CONSTRUCTION COMPANY NIGERIA LIMITED
(2018)LCN/11925(CA)
In The Court of Appeal of Nigeria
On Thursday, the 12th day of July, 2018
CA/OW/116/2015
RATIO
CONTRACT: WHERE AN ACTION IS FOUNDED ON CONTRACT
“This action is founded on contract. By a large line of decided cases the Supreme Court has consistently held that disputes founded on contract are not subject to the provision of the Public Service Protection Act, see the lead judgment of C. C. Nweze JSC in Wema Securities And Finance Plc vs. Nigeria Agricultural Insurance Corporation (2015) 16 NWLR (Pt.) 1484 93 at 138. RAPHAEL CHIKWE AGBO, J.C.A.
COURT AND PROCEDURE: THE DOCTRINE OF JUDICIAL PRECEDENT
“By the doctrine of judicial precedent which operates in Nigeria, the Supreme Court’s decision on any issue of law binds all other Courts. I cannot therefore afford to go outside the settled position of the Supreme Court.” PER RAPHAEL CHIKWE AGBO, J.C.A.
JUSTICES
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria
AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Between
GOVERNOR OF IMO STATE & ORS Appellant(s)
AND
MONIER CONSTRUCTION COMPANY (NIGERIA) LTD Respondent(s)
RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment):
The appellants are defendants in Suit No. HOW/248/2013 wherein the Respondent as Claimant in paragraph 16 of its Statement of Claim claimed of the defendant as follows:-
16. Wherefore the Claimant claims against the Defendants jointly and severally as follows:
(i) The sum of N104,231,310.65 (One Hundred and Four Million, Two. Hundred and Thirty-one Thousand, Three Hundred and Ten Naira, Sixty-five Kobo) being money due and payable to the Claimant by the Defendants for works done/executed in respect of the contract to reconstruct Akwakuma Roundabout at Orlu Road, Owerri. The Defendants have despite repeated demands failed, refused and or neglected to pay or liquidate the debt.
(ii) The sum of N43,568,758.27 (Forty-three Million, Five Hundred and Sixty-eight Thousand, Seven Hundred and Fifty-eight Naira, Twenty-Seven Kobo) being interest for delayed payment of the aforesaid money owed.
(iii) Interest on the aforesaid sum at the rate of 10% per annum from the date of the judgment until the judgment debt is liquidated.
Upon service on the appellants of the statement of claim, they by notice of motion raised a preliminary objection challenging the jurisdiction of the Court to entertain the suit on the ground that the suit was in breach of S. 2(a) of the Public Officers Protection Act which create a three month limitation for action against public officers for acts performed by them in their official capacities. In a considered ruling the trial judge dismissed the application. Dissatisfied, the Appellants filed this appeal.
The lone issue for determination as raised by all the parties is whether the trial Court had jurisdiction to hear and determine the suit in view of S. 2(a) of the Public Officers Protection Act.
The answer is a simple ‘yes’.
This action is founded on contract. By a large line of decided cases the Supreme Court has consistently held that disputes founded on contract are not subject to the provision of the Public Service Protection Act, see the lead judgment of C. C. Nweze JSC in Wema Securities And Finance Plc vs. Nigeria Agricultural Insurance Corporation (2015) 16 NWLR (Pt.) 1484 93 at 138.
By the doctrine of judicial precedent which operates in Nigeria, the Supreme Court’s decision on any issue of law binds all other Courts. I cannot therefore afford to go outside the settled position of the Supreme Court. There is no merit in this appeal. It is hereby dismissed.
AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree
ITA GEORGE MBABA, J.C.A.: I agree
Appearances:
Mrs. I. I. Amadi (Asst. Director Civil Litigation, Ministry of Justice, Imo State)For Appellant(s)
K.C.O Njemanze, SAN with him, Chinenyenwa OsualaFor Respondent(s)
