CaseLaw
Ugoh V. B.S.L.G.S.C (1995) CLR 4 (G) (CA)
Brief
Facts
An order of certiorari was sought by appellant against the Benue state L.G.S.C. (1st respondent) Gboko Local Government council (2nd respondent) and A.G. Benue (3rd respondent) for the following reliefs:
Appellant deposed to the affidavit in support wherein he stated there that he had worked for over 10 years and that he was the senior Accountant and served on the committee in charge of allocation of stores in Gboko market.
The state government dismissed the appellant.
Initially, leave was granted for the appellant to enforce the orders he sought. On the return date, respondents raised a preliminary objection to the hearing of the substantive application on the ground that Exh 6 being a copy of a public document ought to have been a certified copy but was not. Also that Exh 4A was an extract from the government white paper and therefore a public document. Thus a copy of it must be certified to be admissible. Respondents argued that to the extent, there were no proper documents before the court upon which it could act. The Judge dismissed the preliminary objection and accepted the documents as admissible.
While the substantive application was yet to be heard, a new Judge took over the matter. Also, before the new Judge, a new counsel for respondents raised a new preliminary objection on the ground of non compliance with ord 3, Rule 1 of the fundamental Rights (Enforcement procedure) Rules 1979 where it was contended that the Rules enjoined the appellant to annex a certified copy of the proceedings he sought to be quashed, serve same to the AG and that the appellant did not do this. The new Judge upheld the new preliminary objection and struck out the substantive application.
Dissatisfied appellant went on appeal.