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CaseLaw

Ojiako V. A.G. Anambra State (2000) CLR 1(s)(CA)

Brief

  • Certiorari
  • Rules of court
  • Exercise of discretion by trial court

Facts

The appellant as applicants had by an ex-parte application prayed for the leave of the Trial Court to apply for an Order of the Anambra State Chief Judge dated 3rd November, 1997 and proceedings consequent upon the Order for the purpose of quashing both. Facts of the case themselves and on behalf of the Adazi-Nnukwu community sued the Anambra Attorney-General. They took out a writ dated 30th December, 1992 to this effect. They asked for the following reliefs:

  • i
    Declaration that Loretto Special Science School Adazi-Nnukwu is situated at Adazi Nnukwu portion of Ndibia Land in this Judicial Division.
  • ii
    Declaration that the directive of the military Administration of Anambra State which effected the change of name of the said institution from Loretto Special Science School Adazi- Nnukwu to Loretto Science School Agulu was unconstitutional, illegal and an abuse of Court process, null and void of no effect whatever.
  • iii
    A mandatory order compelling/directing the Defendants to remove the word Agulu from the name of Loretto Special Science School.
  • iv
    An order of perpetual injunction restraining the Government of Anambra state, their agents, privies, assigns and/or people operating under or by their directions from referring to the said Loretto Science School.

Parties to this suit No. A/331/92 filed and exchange pleadings. They had issues joined. Prior to the commencement of hearing before Hon. Justice Uzodike, to be joined as parties in the suit No. A/331/92. They also asked that two suits be consolidated. Hon. Justice Egbue dismissed these prayer of Agulu people. Their appeal in respect of Justice Egbue's ruling was equally dismissed by the Court of Appeal.

Subsequently trial in suit No. A/331/92 was conducted and the matter was slated for judgment. At that stage, the Chief Judge of Anambra State allegedly issued am order allowing Agulu people to be joined as parties to the suit commenced by the Appellants. By the same Order the suit before Uzodike J. was transferred to Hon. Justice Egbuna. The latter was to commenced hearing denovo, the proceeding before the former having been terminated.

Appellant were not heard before the issuance of the Chief Judge's Order. The Appellants petitioned the Chief Judge. They asked for the variation of his Order. Their petition was dated 14/11/97. The petition was to avail. The appellant's ex-parte application dated 8/12/97 before Egbuna J. sought Order for leave to apply for the Order of certiorari from same. Appellants were to eventually pray that both be quashed.

Egbuna J. heard the Appellants application for leave to apply for the Order of certiorari and in a considered ruling concluded at Pp.21-22 of Record thus:-

  • "This administrative transfer cannot qualify as proceeding, cause or matter under S.2 of High Court Edict which establishes certiorari in our law. It is pertinent to note that the said transfer was made under S. 37(i) of the High Court Edict No. 16 of 1987… It is consequently clear that this Order of 4/11/97 cannot be the subject of an Order of certiorari being merely an exercise of administrative powers."

    • The trial judge dismissed the application. The instant appeal is against this dismissal of the application.

Issues

Whether, in the circumstances of the case, the trial court by the procedure it -...

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