Savannah Bank Of Nig. PLC V. Central Bank Of Nigeria & Anor. (2007)

LawGlobal-Hub Lead Judgment Report

BODE RHODES-VIVOUR, J.C.A.

By a motion on notice filed on the 11th of May 2006, and brought under Order 3 rule 4(1) and (2) of the Court of Appeal Rules, 2002 and under the inherent jurisdiction of this court, the applicant, namely, Savannah Bank of Nigeria Plc is praying for the following orders:

“1. An Order of extension of time within which the applicant may apply for leave to appeal against the ruling of the Federal High Court, Abuja in suit No. FHC/ABJ/CS/31/2002 delivered on the 10th of February, 2005 by S. J. Adah, J.

2. An Order granting leave to the applicant to appeal against the ruling of the Federal High Court, Abuja, in suit No. FHC/ABJ/CS/31/2002 delivered on the 10th of February, 2005 by S. J. Adah, J.
3. An Order extending time within which the applicant can file notice and grounds of appeal against the ruling of the Federal High Court, Abuja, in suit No. FHC/ABJ/CS/31/2002 delivered on the 10th of February, 2005 by S. J. Adah, J.

Such further order/s that the Honourable Court may deem fit to grant in the circumstances.

In support of the application is a 4 paragraph affidavit deposed to by Mohammed Abubakar, the litigation officer in the Law Firm of J. K. Gadzama, SAN and partners, learned counsel to the applicant.

Annexed to the affidavit are the following documents referred to as follows:

(i) Exhibit A – Copy of courts ruling of 10/2/2005

(ii) Exhibit B – Notice and grounds of appeal.

(iii) Exhibit C – Proposed notice of appeal.

Abimbola S. Omotosho, Esq., a legal practitioner in the Law Firm of Messers. Abdullahi Ibrahim & Co. deposed to a 6 paragraph counter affidavit on behalf of the 151 respondent. No counter affidavit was filed on behalf of the 2nd respondent.

It is important I state at this stage why applicant filed this application. The applicant’s licence to operate as a Bank was withdrawn by the 1st respondent, the regulatory body for Banks in Nigeria. Aggrieved the applicant sued the respondents. The suit came before Hon. Justice S. J. Adah of the Federal High Court, Abuja Division.

On 10/2/05 the applicant/plaintiff was unable to proceed with the case because his witnesses/documents were not in court and not available. Learned counsel for the applicant/plaintiff’s application for an adjournment was refused by the learned trial Judge who closed the case and called on the respondents/defendants to open their defence.

Dissatisfied with the Order of S. J. Adah, J. closing its case the applicant appealed to this court against His Lordship’s orders made on 10/2/05. Realising that he ought to have obtained leave before he could appeal, he withdrew the appeal, and it was struck out by this court on 27/2/06. The applicant then filed an application for extension of time to seek leave to appeal without including a prayer for extension of time to appeal. The application was also abandoned. Going from one blunder to another learned counsel for the applicant filed this application one year and three months after the ruling complained against was delivered.

This application was filed because the applicant realized that he ought to have obtained leave before he could file an appeal since the grounds of appeal were all of fact or mixed law and fact.