The Court of Appeal in Ibadan has struck out a long-standing land dispute case due to a procedural flaw in the originating process, underscoring the critical importance of legal compliance in court filings.
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The case, Madam Dorcas Odu & Ors v. Baba Oyinbo & Ors (Appeal No. CA/IB/182/2012), involved chieftaincy families disputing land ownership in Ketu Adie Owe, Paramole, Ayigbaboro Village, and Ishaga Idiroko Village in Ogun State.
The dispute originated in 2006 when three sets of claimants—representing the Ido-Arobe, Iga-Nla, and Iga-Ago chieftaincy families—filed a suit (HCT/59/2006) at the Ogun State High Court, seeking declaratory and injunctive reliefs over the contested lands. The claimants included Madam Dorcas Odu, Baale Franus Ebelamu Odu, and others, while the defendants comprised Baba Oyinbo and several others. After a full trial, the High Court, presided over by Justice A.A. Akinyemi, dismissed the claimants’ case on November 28, 2011, prompting an appeal by the Ido-Arobe chieftaincy family.
On July 3, 2025, the Court of Appeal, led by Presiding Justice Sir Biobele Abraham Georgewill, and Justices Kenneth Ikechukwu Amadi and Fadawu Umaru, unanimously allowed the appeal and declared the entire suit incompetent. The court found that the Writ of Summons filed on February 16, 2006, was invalid because it was neither signed by the claimants nor by a named legal practitioner, as required by Sections 2 and 24 of the Legal Practitioners Act, 1975.
The Writ, issued in the name of Marcus Babwoye and Co.—a law firm—lacked the signature of an identifiable legal practitioner enrolled on the Roll of Legal Practitioners at the Supreme Court of Nigeria. Citing landmark decisions such as Okafor v. Nweke (2007) and SLB Consortium Ltd v. NNPC (2011), the appellate court held that an unsigned or improperly signed originating process is “incurably defective” and cannot confer jurisdiction on any court. Justice Georgewill emphasized: “In law, one cannot put something on nothing and expect it to stand. No, it would definitely collapse!” He further clarified that an invalid writ cannot be cured by amendment, thereby rendering the subsequently amended writ equally incompetent.
The appellants, represented by C.O. Abudu Esq., argued that the unsigned Writ deprived the lower court of jurisdiction, relying on legal precedents including Timitimi v. Amabebe (1953) and Peak Merchant Bank Ltd v. Nigeria Deposit Insurance Corporation (2011). In opposition, the 12th to 22nd respondents—represented by Idris Kolawale Olajide Esq.—cited the Ogun State High Court (Civil Procedure) Rules Edict 1987, arguing that the Writ was validated by the Registrar’s signature. However, the court dismissed this argument, affirming that only a claimant or a named legal practitioner can validly sign an originating process.
The 1st to 11th and 23rd respondents did not oppose the appeal, while the 24th and 25th respondents, represented by O.G. Bamgbose Esq. from the Ogun State Ministry of Justice, also did not contest the appeal.
[pdf-embedder url=”https://thenigerialawyer.com/wp-content/uploads/2025/07/Writ-Signed-By-Law-Firm-Not-Lawyer-Renders-Suit-Incompetent.pdf” title=”Writ Signed By Law Firm, Not Lawyer, Renders Suit Incompetent”]
The Court of Appeal’s ruling in Madam Dorcas Odu & Ors v. Baba Oyinbo & Ors stands as a cautionary tale for legal practitioners to meticulously observe procedural requirements. By striking out the suit for an invalid Writ, the court reinforced the legal principle that no valid judicial proceeding can arise from a fundamentally flawed originating process.
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