CaseLaw
The respondent, under a written agreement, awarded to the appellant (a contractor) a contract to build eighteen bungalows in Makurdi, Benue State, for a sum of N=1, 181,609.81. The appellant commend the building operation but, at a certain stage, the agreement was determined by the respondent as a result of the default in the execution of the work on the part of the appellant. The contract was re-awarded to other contraction who, immediately, took over the construction of the houses and completed them. The appellant instituted an action in the High Court of Benue State against the respondent in which it claimed, inter alia, a declaration that the purpose termination of the contract by the respondent was wrongful and therefore null and void and of no effect whatsoever it also claimed for an order decreeing the specific performance of the contract by the respondent, to alternatively an order directing the respondent to pay the appellant the sum of N=80, 000 which was increased, in the statement of claim, to N=343,414.12k. The claim for declaration and the claim for specific performance were abandoned during the proceedings.
A Jos Chief Magistrate Court has heard that a prophet with the "Christ Bible Mission" Nassarawa Gwom, Jos, allegedly removed pubic hairs and finger nails of a lady member of the mission, in a pretext to pray for her with those materials.
The prophet, Ifeanyi Emegwara, who is now standing trial before the court on a charge of indecent assault, allegedly committed the offence between May and June last year, according to the prosecution.
Said the prosecuting police officer, Sergeant Kiyiral Audu; the accused lured Miss Patricia Ogbonna into one of the rooms in the church and began to rub her private part will an oil.
Consequently the accused began to remove the hairs in the girl's private region and later cut her finger nails." Thereafter, the prosecution told the court, Miss Patricia Ogbonna of No.8 Maichibi Street, Jos reported the matter to the police.
The offence the prosecution told the court was contrary to section 268 of the Penal Code.
Ifeanyi pleaded not guilty and the magistrate Mr. Pius Damulak, adjourned further hearing........"
Pleading were ordered filed and exchanged and at the hearing the plaintiff testified and called two other witnesses while the defendants called two witnesses including the 3rd defendant. In the course of the trial documentary evidence were also tendered by both sides. After the address of counsel, the learned trial Judge Dauda Azaki (as he then was) dismissed the plaintiff's claim. He held in particular:-