UAC Finally Throws in Towel Against LASAA

Tuesday, July 06, 2010

The decision by the Hon. Justice K. A. Jose (Mrs.) of the High Court of Lagos State to grant the application of United African Company, UAC, and three of its subsidiaries praying the court to discontinue their case against the Lagos State Signage and Advertisement Agency, LASAA, was heralded by many who had followed the court proceedings since April 2008 as a victory for the rule of law in the country.

Reacting to the Ruling which was given by the Hon. Justice K. A. Jose (Mrs.) on Monday, 28^th June 2010, the management of LASAA described the outcome of the long legal standoff as pleasing, in part, because UACs case aimed to claim hundreds of millions of Naira from the outdoor advertising regulatory Agency and, in part, because a large section of the outdoor advertising industry had keenly awaited the outcome of this legal tussle between UAC and LASAA.

The now rested legal battle was commenced on 10^th April, 2008 when UAC and others instituted a court case through their lawyers, Messrs. Olawoyin & Olawoyin and Messrs. Oluwole Akanle & Co. against LASAA and the Attorney General of Lagos State at the High Court of Lagos State. The Claimants, had amongst other things, alleged that the Lagos State Signage & Advertisement Agency (LASAA) acted illegally or without any lawful authority when it removed the signage and outdoor advertisements belonging to the Claimants and claimed, inter alia, the total sum of three hundred and forty million, five hundred and ninety-six thousand, two hundred and forty-four Naira as damages for the wrong allegedly done to them.

Upon being served with the court writ, LASAA, which is empowered by the Lagos State Structures for Signage and Advertisement Agency Law, 2006 (as amended) to regulate all manner of signage and outdoor advertisement in Lagos State, had through its lawyers, Messrs. Segun Fowowe & Co., filed an application to dismiss UACs entire case on the ground that same was devoid of a cause of action because it was statute barred by the Public Officers Protection Act of 1916 (i.e. the period allowed by law to bring such a case to court had lapsed), the Defendants being public officers.

The Claimants then sought to avoid their case from being dismissed in its entirety by applying to court to amend their case as originally constituted before the court. But the Defendants vehemently opposed the Claimants application for amendment on the ground that the case lacked a cause of action.

A� milestone in the case was reached on the 9^th of April, 2009 when the Claimants application for amendment came up for argument before the Hon. Justice K. A. Jose (Mrs.) at the Ikeja Division of the High Court of Lagos State, when Mr. Fowowe contended on behalf of LASAA that since the entire case brought by the Claimants was barred by Statute from coming into court, it remained outside the walls of the court room and could not be brought into the court for any reason whatsoever, let alone for an amendment aimed to defeat or frustrate the aim of that very Statute which precluded it from coming to court.

This suit can be metaphorically likened to a dead person. No medicine however potent; no physician however renowned can heal or revive the dead. The physician and his medicine can only cure or mend the living and not the dead. Similarly, in a law suit, lack of cause of action is a fatal defect that makes the case lifeless and the defect is of a nature that cannot be cured by an amendment any more than a dead being could be resuscitated and brought back to life by any medical remedy. There is no remedy known to law that can cure the fatal flaw of lack of cause of action. An amendment is not allowed in such circumstances, Fowowe had argued. Ms. Adetutu Oshinusi, Chief State Counsel, at the Ministry of Justice represented the Attorney-General and Hon. Commissioner for Justice in Lagos State who was sued by UAC as 2^nd Defendant in the case. Ms. Oshinusi too filed a Statement of Defence on behalf of the 2^nd Defendant and in her opposition to UACs application for amendment aligned herself with the argument proffered on behalf of the 1^st Defendant (LASAA). In her Ruling delivered on 13^th May 2009, the Hon. Justice K. A. Jose (Mrs.) agreed with the Defendants and refused to grant the amendment sought by UAC. The writing was on the wall as the refusal to grant �the amendment sought by UAC was ominous for UACs case.

Dissatisfied with the High Court decision which refused its application for amendment, UAC appealed against the decision to the Lagos Division of the Court of Appeal and filed an application for stay of further proceedings before the High Court. UACs application for stay was successfully opposed by the Defendants as same was once again refused by the presiding Judge of the Lagos High Court .

It will be recalled that UAC had earlier unsuccessfully challenged the constitutionality of LASAA in another case it instituted at the High Court of Lagos State by way of Originating Summons dated 14^th September, 2007. That case was presided over by Hon. Justice Oke (Mrs.) who dismissed that UACs case in the judgment she delivered on the 22^nd day of September, 2008. UAC did appeal to the Court of Appeal against Justice Okes judgment but lost its appeal on the 25^th January, 2010 when the Appeal Court upheld the High Court judgment delivered against UAC.

We gathered that LASAA is very pleased with this its latest victory in court, mainly because it further legitimatizes the efforts of the State Government and the Agency. Furthermore, �the victory serves as a deterrent to future naysayers doubting the Agencys Law.