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CaseLaw
This is an appeal against the judgment of the Court of Appeal, Abuja Division delivered on the 6th July, 2005, dismissing the appellants' appeal against the decision of the Federal High Court, Abuja, given on the 8th October, 2003. The trial Federal High Court has upheld the respondents' preliminary objection and dismissed the appellants' Suit on three grounds, namely:
In the appellants' appeal to the court below, they still subjected the three grounds of the respondents' objection to further consideration. At the end of the day, the court affirmed the decision of the trial court and dismissed the appellants' appeal as lacking in merit. At page 655 of the Record, the court below concluded and pronounced as follows:
At pages 668-669 lines 7-18 and 24-25, it was stated:
The learned trial Judge was right in holding that the action of the appellants was statute-barred and dismissed the action on account of that.
Therefore this appeal lacks merit and is hereby dismissed. I affirm the decision of the court below dismissing the suit."
The facts of the case that led to the claim of the appellants that further led to the above concurrent decisions of the two lower courts are exposed as follows.
The Military Government of General Abdulsalami Abubakar which succeeded that of the late General Sani Abacha, recovered well over $800 million, from the family of the latter, and his close associates. The recoveries are detailed in Decree No. 53 of 1999.
In May 1999 when the country returned to Civil Rule, the Government discovered that the amount looted from the National Treasury by the General Sani Abacha and members of his family was considerably more than what had been recovered by the previous Government. The Criminal Investigation instituted by the Government traced the looted funds to a number of foreign countries which includes United Kingdom, Luxemburg, Liechtenstein, Jersey and Switzerland.
Between 1999 and 2000, the Government requested in writing the assistance of the above countries in the criminal investigation against the financial activities of Abacha and his family and accomplices. This yielded results and through judicial processes it was discovered that more than 90 front-companies including the appellants and foreign banks were found to be involved in an intricate web of financial fraud and money laundering. Consequently, members of the Abacha family and their associates were charged to court for sundry financial offences in some of the aforementioned jurisdiction. Convictions were recorded against some offenders and their accounts were frozen and well over $2 billion traceable to the accounts, some of which belonged to the appellants, were frozen.
Way back home here in Nigeria, the 19th appellant with some of his close associates were charged to court on 33 - counts for fraud and sundry offences.
The appellants sought to challenge the actions of the Federal Government, particularly the letters of requests for foreign assistance in the criminal investigations, instituted an action at the Federal High Court Abuja on 27/09/2001 seeking the following reliefs:-
It is in the course of the proceedings that the respondents filed the said preliminary objection challenging the jurisdiction of the trial court on the grounds set out above essentially that the suit filed by the appellants at the trial court was statute-barred and for that reason the trial court lacked jurisdiction to entertain same. The lower court on the basis of the foregoing dismissed the appeal.
The appellants have appealed to this court.
Whether the Court of Appeal was right to have affirmed the decision of the trial...