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NIGER DELTA DEVELOPMENT COMMISSION v. CHIEF CHIBUEZE OTUKA & ORS

(2018) JELR 38618 (CA)

Court of Appeal  •  CA/OW/375/2013  •  17 Apr 2018  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): In paragraph 15 of the appellant's statement of defence, the appellant pleaded that the subject matter of this suit is not within the jurisdiction of this Honourable Court but rather, a matter within the jurisdiction of a State High Court. Upon the transfer of the case from the Federal High Court to the Abia State High Court, the appellant had the effrontery to challenge the jurisdiction of the State High Court, speaking from both sides of its mouth. That was not only grossly irresponsible but amoral. It is a very glaring case of abuse of process. The Court is not a place to play the game of chance. This Court has a duty to protect the integrity of all Courts and will not entertain any argument from the appellant relating to the jurisdiction of the Abia State High Court.

On the issue of limitation founded on the provisions of the Public Officers Protection Act, it must be noted that the Act was promulgated much earlier by p…

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