THE ATTORNEY-GENERAL OF EDO STATE & ANOR V. CHURCHGATE INDUSTRIES LIMITED & ANOR

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of the Federal High Court, Benin Judicial Division, Edo State in Suit No: FHC/B/CS/127/2003 CHURCHGATE INDUSTRIES LIMITED AND 1 OTHER v. ATTORNEY-GENERAL OF EDO STATE AND 1 OTHER delivered on the 30th day of January 2012, wherein the lower Court committed the 1st Appellant to prison until he purges himself by complying with the order of the lower Court of 7/11/2003 and file affidavit of compliance to that effect.

Briefly, the facts of the case are that the Respondents as Plaintiffs brought an action against the Edo State Government solely to enforce the agreement with the Edo State Government in the management and control of the 2nd Respondent.

The 1st Appellant who was the Attorney-General of Edo State was sued in his official capacity as a representative of Edo State Government.

On 7/11/2003, the 1st Respondent obtained an order of injunction restraining the Edo State Government i.e. t…