At the Federal High Court, Sokoto, the respondent as plaintiff instituted a suit against the appellants as defendants. The plaintiff filed a statement of claim. The defendants meanwhile filed a motion on notice praying the court to strike out or dismiss plaintiff’s action as the court lacked jurisdiction and as the statement of claim did not show any reasonable cause of action. After considering the affidavit evidence from the respective parties the learned trial judge, Abutu, J. held that the statement of claim filed had disclosed no reasonable cause of action. Consequently he struck out the statement of claim and dismissed the suit. That was on the 12th day of December, 1991. The case bore suit No. FHC/S/2/90.

On the 30th day of May, 1994, the respondent as plaintiff took a writ of summons from the Federal High Court, Kaduna, against the appellant as defendants. A statement of claim was filed by the plaintiff. The defendants through their learned senior counsel filed a motion on notice praying the court among other things for an order of dismissal of same suit made by the Federal High Court, Sokoto between same parties and on same subject matter, thereby constituting an absolute bar to further proceedings before the Federal High Court of Nigeria (plea of res judicatem).

After taking arguments from learned counsel for the respective parties, the learned trial judge, Okeke J., held that the ruling delivered by Abutu J. in suit No. FHC/S/2/90 of 12th December, 1991, at Sokoto does not constitute a res judicata to the suit filed before him which bears No. FHC/KD/CS/11/94. This ruling was delivered on the 17th day of July, 1995.