Alhaji Taofeek Alao V. African Continental Bank Ltd (2000)

LAWGLOBAL HUB Lead Judgment Report

KARIBI-WHYTE, J.S.C.

This is a ruling on the application seeking an order to set aside ex debito justitiae the judgment of this court, delivered on the 27th February, 1998 dismissing his appeal against the judgment of the Court of Appeal dated 16th May, 1994. The order seeks a rehearing of the appeal on the basis of the material exhibited to the affidavit in support of the motion. The application was brought by way of notice of motion under the inherent jurisdiction of the court.

GROUNDS FOR THE APPLICATION

The grounds for the application are as follows:-

“a. That the applicant has been penalised and has suffered injustice because his case was not fairly presented to or considered by the Supreme Court of Nigeria.

b. The decision of the Supreme Court was based of (sic) on fundamental and false assumptions of law and fact which the court was not entitled to make.

c. The decision of the Supreme Court is clearly contrary to the intention of the Justices themselves,”

The history of the litigation which has led to this application and the worries of the applicant is copiously recited in the affidavit in support. Paragraphs 2, 3, 4, 5,6,7 and 8 give the background to the present application, and the clear absence of intention of the applicant/appellant to contravene the laws of the country, or to commit any acts of illegality. Paragraphs 14 and 16, are expressions of opinion about why this court decided the appeal against applicant, namely the failure of counsel to produce the relevant authorisation of the Minister of Finance for the payment of the drafts subject matter of this litigation. Paragraphs 17, 18 and 19 place the blame on the failure of counsel due to poor health to present the case of the appellant/applicant adequately, clearly and properly before the court. Paragraphs 20,21, 22,23, 24 and 26 are substantive arguments of the legal validity of the transactions which it was averred were not brought to the attention of the court during the hearing.

THE FACTS

Being an application to set aside the judgment of this court, it is only relevant to state so much of the facts of the case as is necessary for the determination of this application.

On the 27th February, 1998, this court heard the appeal of the appellant against the judgment of the court. In a unanimous judgment the court dismissed the appeal with N 10,000 costs to the respondents. The application before this court is to set aside this judgment and rehear the appeal on the grounds stated in the motion. Applicant is relying on the inherent jurisdiction of this court for the Order sought.

ARGUMENTS OF COUNSEL

Both learned counsel for the applicant and respondent filed briefs of argument in this application. Learned Counsel to the Central Bank who appeared for the Central Bank did not file any brief of argument and offered no argument.

Counsel adopted and relied on their briefs of argument in presenting their respective arguments before us.