Ahmadu Makun & Ors. V. Federal University Of Technology, Minna (2011)

LAWGLOBAL HUB Lead Judgment Report

O. ADEKEYE. J.S.C.

This appeal is against the judgment of the Court of Appeal Abuja Division delivered on the 25th of April 2002. The appeal argued before the Court of Appeal Abuja Division was against the judgment of the Niger State High Court sitting at Minna in Suit No. NSHC/MN/57M93 delivered on the 13th day of August 1993.

The background facts of the case are that the appellants before this court as plaintiffs instituted an action at the Niger State High Court sitting at Minna in a representative capacity for themselves and on behalf of the entire members of Garatu, Gidan Kwano, Lunko, Ekpigi, Kwaida, Legbe and Bakin Pumpo villages that they are entitled to compensation for the acquisition of their entire land for public purpose, that is education, against the defendants now respondents in this appeal-the Federal University of Technology Minna, the Secretary of Land use and Allocation committee, the Director- General Lands, Survey And Town Planning Department in suit No NSHC/MN/57M/93 filed on the 13th day of August 1993.

In their Writ of Summons and Paragraph 50 of their Statement of Claim the plaintiff/appellant claimed as follows –

(a) Declaration that the plaintiffs had at no time given authority to anyone to waive the sum of N13.29 Million compensation for acquisition of their land and landed properties by the 1st Defendant and that they are entitled to the balance of N13.29 million, the meeting of 7/8/84 being of no effect.

(b) An order on the 1st defendant to pay the sum of N13.29m to the plaintiffs.

(c) An order referring the determination of payable compensation to Land Use and Allocation Committee (Niger State) by virtue of sections 30 and 47(2) Land Use Act.

The defendants/Respondents filed their defence, while the 1st defendant/respondent in addition filed a Notice of Motion praying the court for the following orders –

(a) Setting down for hearing at once the preliminary objection raised in the Statement of Defence in this suit particularly paragraphs 8 and 9 thereof

(b) Dismissing the suit on grounds of law viz –

(a) By way of preliminary objection that 1st defendant shall contend that this legal action is unsustainable on grounds of Res judicata

(b)Limitation of Action

(c)Abuse of court process

The plaintiffs/appellants resorted to legal action as the various communities/villages who owned, inhabited and cultivated the wide expanse of land acquired by the Niger State Government for the Federal university of Technology Minna. In the normal course of events they were the people entitled to be paid compensation for their land and the economic crops thereon. The appellants engaged the services of Messrs Yisa and A. H. Gimba of Summit Chambers Minna as their solicitors to negotiate with the authorities to facilitate the payments of the compensation. The appellants and Summit Chambers executed an agreement dated 23/1/84 to this effect. The appellants also appointed an Estate Valuer, Mr. Okolo of Okolo & Co. to determine the value of the compensation they were entitled to be paid by the authorities, which the Estate Valuer assessed as N19.76 million. The Federal University of Technology Minna through their Estate Valuer returned a value of N18.89 million. At a meeting of the Body set up on the payment of compensation for the University held on the 7th of August 1984, with Mr. Okolo in attendance, and Mr. A. H Gimba of Summit Chambers, it was argued that the total amount to be released by the acquiring authority would be N6.million – that is N5.6million for compensation (fees inclusive) and N.4 million for resettlement exercise vide Exh. FUT B. Summit Chambers claimed that they waived the sum of N13.29m and accepted only N5.6 for the appellants in the exercise of the power of attorney supposedly executed between the solicitors, and the appellants. This sum of N6 million was paid to the appellants through their solicitors, Summit Chambers. The appellants were still living with the expectation that the balance of N13.29 million would be released to them in the near future until the picture became clear that their solicitors had waived the balance of N13.29 rnillion at a meeting held on the 7th of August 1984.