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CaseLaw

G.E.C. Ltd V. Duke (2007) CLR 7(e) (SC)

Judgement delivered on July 13th 2007

Brief

  • Section 308 of 1999 Constitution
  • Interpretation of laws
  • Absolute immunity

Facts

This is an appeal against the judgment of the Court of Appeal, holden at Calabar in appeal No.CA/C/06/05 delivered on 2nd May 2006, in which it allowed the appeal of the present Respondent against the ruling of the High Court of Cross River State holden at Calabar in suit No. HC/261/2004 delivered on the 8th day of November 2004.

On the 23rd day of July 2004 the present Respondent, the Governor of Cross River State as Plaintiff, instituted an action in the trial Court against the Appellants, as Defendants, claiming the following reliefs.

  • "1.
    The sum of N5 billion (five billion naira) being damages for libel published of and concerning the Plaintiff by the Defendants in the "Global Excellence" Magazine of Tuesday May 11-May 17, 2004 and Tuesday May 25-May 30, 2004.
  • 2.
    Exemplary or punitive damages in the sum of N10 billion (ten billion naira)"

Upon service of the writ on them, the Appellants caused a conditional appearance to be entered on their behalf by learned Counsel who proceeded further to file a notice of preliminary objection on the 3rd day of September, 2004 challenging the jurisdiction of the Court to entertain the suit as constituted. The grounds on which the preliminary objection is based are stated as follows:-

  • 1.
    The Plaintiff cannot, by virtue of the provisions of Section 308 of the Constitution of the Federal Republic of Nigeria 1999, institute, maintain, or continue with any proceedings, including the present suit, in any Court of law, nor can any proceedings be instituted maintained or continued against him in his personal capacity.
  • 2.
    The Plaintiff has failed to comply with the mandatory requirement of Section 97 of the Sheriffs and Civil Process Act.
  • 3.
    The annexure to the Plaintiffs statement of claim titled "Universitas Pennsylvaniensis" should be expunged from the Court's record, the same not being a document that this Honourable (sic) can use.
  • 4.
    This suit discloses no reasonable course (sic) of action.
  • 5.
    This suit (sic) vexatious and constitute a flagrant abuse of the process of this Honourable Court."

There is no affidavit in support of the notice of preliminary objection. Upon the conclusion of arguments on the preliminary objection, the learned trial Judge held inter alia that:

"....................A serving Governor cannot sue or be sued in his personal capacity while still in that office."

The Plaintiff was not satisfied with that ruling and therefore appealed to the lower Court which, by a majority decision, allowed the appeal resulting in the instant appeal to this Court.

Issues

  • Whether taking into consideration the decision of this Court in Tmubu v. IMB...
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