TSAMIYA JCA (Delivering the Lead Judgment): In the Federal High Court (herein this appeal referred to as the trial court) in the Plateau State Judicial Division, holden at Jos, the plaintiffs on 10 December 2001 took out a writ of summons endorsed as follows: 1. A declaration that the murder of the deceased in prison custody in Jos while awaiting trial by men of the Nigerian Prison on 10 September 2001, was unlawful, illegal and unconstitutional. 2. The sum of N3,000,000.00(three million naira) only as general damages for loss of life expectancy. 3. The cost of this action.
The writ was accompanied by the statement of claim filed together. Upon service of writ of summons and statement of claim on the defendants, they on 11 February 2002, through their counsel entered appearance after obtaining leave of the trial court to do so. In their statement of defence dated 4 May 2002, in paragraph 8 thereof, the defendants raised a preliminary objection to the jurisdiction of the trial court t…