CaseLaw
Ebhodaghe V. Okoye (2004) CLR 12(c) (SC)
Judgement delivered on December 10th 2004
Brief
Facts
TThe Appellant was at the material time, the Managing Director of Nigeria Deposit Insurance Corporation (NDIC) a Federal Government Corporation involved with the implementation of the provisions of the Failed Bank (Recovery of Debts) and Financial Malpractices in Banks Decree No. 18 of 1994 as amended. One Clement Udemeze, a Manager of African Continental Bank Nassarawa-Eggon Branch, was arrested and detained under the Decree and while in detention, the said Udemeze died in a hospital in Jos. Thereafter, precisely on 30th June, 1998, the Respondent who was counsel to the deceased Manager, wrote to the Lagos State Attorney-General requesting him to prosecute the Appellant for the murder of the deceased whose medical care while in prison custody, according to the Respondent, was carelessly taken by the Police and the Appellant. The Attorney-General refused to respond and the Respondent applied to the Lagos High Court for an order to mandamus to force the Attorney-General to prosecute the Appellant for murder of Udemeze (deceased). The High Court heard the application and ruled in August 1998 that it had no powers to do so and dismissed the application.
The letter which the Appellant wrote to the Attorney-General Lagos State somehow got into the hands of many news media in Nigeria who published it in their different daily papers. The Appellant read these publications and found that the materials contained therein constituted libel on his person. He then instituted a libel action against the Respondent in the High Court Abuja on 14th December, 1998.
On the 13th January, 1999 the Respondent filed a notice of preliminary objection challenging the jurisdiction of the Abuja High Court to entertain the libel action. On the 12th April, 1999 when the notice of preliminary objection was moved the learned trial Judge recorded on p. 92 of the record of appeal thus:-
"Plaintiff absent
Defendant in Court
Emeka Ngige for the Plaintiff
Defendant/Appellant appear in person
Applicant Counsel - We have a preliminary objection dated 13/1/99. We seek to move same.
Plaintiff Counsel - We have a publication here from the Defendant. Therefore it should be dealt with first.
Court: My attention has been drawn to the Publication which expressedly show that the ruling on 11/12/98 was never given. Hence the editor, and the 2 lawyers involved should be summoned to show cause why they should not be committed for contempt of this Court. The case is to be adjourned pending then.
Applicant Counsel: We have an objection on jurisdiction. The issue should be dealt with 1st. See Okorodudu v. NDLEA.
Court: The Court order stands. The case is adjourned to 4/5/99"
The Respondent was not happy with this ruling and he appealed to the Court of Appeal. The Court of Appeal found merit in the appeal. It allowed it and "ordered the Respondent to go back to the trial Court and move his application filed on 13/1/99", which according to the Court of Appeal should have been heard first by the trial Court.
Court: Dissatisfied with this order, the Appellant filed this appeal