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NURSING AND MIDWIFERY COUNCIL OF NIG. V. AGU (2020)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • Ibrahim Tanko Muhammad CJN
  • Mary Ukaego Peter-Odili JSC
  • K. Motonmori Kekere-Ekun JSC
  • Amiru Sanusi JSC
  • Paul Adamu Galumje JSC

Parties:

Appellant:

  • Nursing and Midwifery Council of Nigeria

Respondents:

  • Patrick Ogu
  • Theresa Ogu Onyedikachi
Suit number: SC.818/2016

Background

This case involves an appeal by the Nursing and Midwifery Council of Nigeria against the decision of the Court of Appeal, which upheld the ruling of the Federal High Court. The respondents, Patrick Ogu and Theresa Ogu Onyedikachi, claimed that the Council had wrongfully denied the verification of a nursing license for misrepresented birth dates, leading to attempts to rectify clerical errors that were not accommodated.

Issues

The key issues at hand include:

  1. Judicial Conflicts: Whether the decision in Falobi v. Falobi was applied correctly given the conflicts in the affidavit evidence.
  2. Fair Hearing: Whether the appellant received a fair hearing since the judgment was believed to have been prepared in advance, leading to perceived bias.
  3. Exemplary Damages: Whether the award of N5 million in damages was justified or excessive given the circumstances of the case.

Ratio Decidendi

The Supreme Court notably concluded that:

  1. The courts should resolve conflicts in affidavit evidence through oral hearings when material facts are at odds, but were justified in relying on documentary evidence where that sufficed.
  2. Exemplary damages serve to penalize wrongful acts, and the need for specific claims was dispelled when groundwork for such claims was established through pleadings.

Court Findings

The Court found that the initial refusal of the Council to correct the clerical errors, combined with the damning documentary evidence presented by the respondents, warranted the damages awarded. The Court stressed the role of documentary evidence in corroborating claims of misrepresentation and maintained that the prior issuing of a license with the correct date established the validity of the respondents’ assertions.

Conclusion

The appeal was dismissed on the grounds that it lacked merit and the findings of the lower courts were upheld. The judgment reinforced judicial reliance on documentary evidence when evaluating conflicting testimonies and elucidated the parameters for granting exemplary damages.

Significance

This case is significant as it clarifies the procedural approach to conflicts in affidavit evidence in Nigerian courts, underscoring the importance of documentary support in judicial processes. It also emphasizes the permissible scope of exemplary damages in cases involving regulatory bodies and their duties.