Wema Bank Plc v. Ajayi Caleb Adediran & 338 Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

GABRIEL OMONIYI KOLAWOLE, JCA (Delivering the leading judgment)

By an amended statement of facts dated and filed on 21st January, 2019, the respondents sought the following reliefs against the appellant:

a. A declaration that the defendant has no legal right or basis to continue to neglect and/or refused to remit to the Pension Trust Fund or pay to directly to the claimants, the defendant (employer’s) contributions to the Nigeria Social Insurance Fund which were held in the defendant’s General Ledger.

b. An order of the honourable court compelling the defendant to pay to the claimants the sum of N18,919,284.98 (Eighteen million, nine hundred and nineteen thousand two hundred and eighty-four naira, ninety-eight kobo) being the unremitted employer’s contributions to the Nigeria Social Insurance Trust Fund kept and/or retain (sic) in the defendant’s General Ledger since March, 2006.

c. An order compelling the defendant to pay interest at the rate of 21% per annum on the said sum of N18,919,284.98 (Eighteen million, nine hundred and nineteen thousand two hundred and eighty-four naira, ninety-eight kobo) commencing from March, 2006 when the said sum became due and remain (sic) unpaid to the delivery of judgment and from judgment until liquidation.

d. An order compelling the defendant to pay interest at the rate of 21% per annum on the said N9,459,642.49 (Nine million, four hundred and fifty-nine thousand, six hundred and forty-two naira, forty-nine kobo) paid by the defendant to the claimants on 23rd November, 2017 as the unremitted Nigeria Social Insurance Trust Fund of the claimants from March, 2006 when the sum became due and remain (sic) unpaid till 23rd November, 2017 when it was eventually paid.

e. An order compelling the defendant to pay interest at the rate of 21% per annum on the accrued interest on the sum of N9,459,642.49 (Nine million, four hundred and fifty-nine thousand, six hundred and forty-two naira, forty-nine kobo) paid by the defendant to the claimants on 23rd November, 2017 as the unremitted Nigeria Social Insurance Trust Fund of the claimants from March, 2006 when the sum became due and remain (sic) unpaid till 23rd November, 2017 when it was eventually paid until when the accrued interest is eventually fully paid.

f. An order directing the defendant to pay the sum in paragraph (b) and the interest on the sums in paragraphs (c) and (d) above in the name of claimant’s solicitors, Sunday Aborisade & Co., and not through Trust Fund since these are not fresh deductions but deductions that had been withheld by the defendant for twelve (12) years.

When the suit had been finally constituted, both parties duly filed and exchanged their respective pleadings, and upon the conclusion of trial and the adoption of the parties’ final written addresses, the learned trial Judge, Honourable Justice J. D. Peters entered judgment against the appellant on 15th October, 2020. Quite expectedly, being dissatisfied with the said judgment, the appellant approached this court in the exercise of its appellate jurisdiction by filing a notice of appeal on 17th November, 2020.

In compliance with the rules of this court, parties filed and exchanged their respective briefs of argument. The appellant’s brief of argument dated and filed on 4th October, 2022, was settled by its learned counsel, O. A. Okin, Esq., wherein three issues were formulated for the determination of the appeal, and they read thus:

1. Whether the respondents adduced sufficiently cogent and credible evidence in support of their case to be entitled to all or some of the relief sought
2. Whether the respondents are entitled to interest at the rate of 21 % per annum on the sums of 4418,919, 284.98 (Eighteen million, nine hundred and nineteen thousand, two hundred and eighty-four naira, ninety-eight kobo) and 449,459,642.49 (Nine million, four hundred and fifty-nine thousand, six hundred and forty-two naira, forty-nine kobo) respectively claimed by them.
3. Whether it was right in law for the learned trial court to order that the judgment sum and any interest thereon meant for the respondents be paid in the name of their Solicitors, Sunday Aborishade & Co.

On the other hand, the respondents’ learned counsel, Sunday A. Aborishade, Esq., and Mariam M. Olufadi, Esq., prepared the respondents’ brief of argument dated and filed on 18th October, 2022 and therein adopted the three issues formulated by the appellants and canvassed arguments in response thereto. In the meantime, the respondents’ learned counsel also filed a notice of preliminary objection dated and filed on 30th day of November, 2022 wherein they challenged the competence of the appeal.

The said objection where it succeeds, seeks to terminate the appeal in limine and in the light of this, it is judicially expedient that I consider and determine same before taking any further steps on the substantive appeal on its merit.

Now, the grounds of preliminary objection as stated on the face of the notice are as follows:

1. The appellant filed 5 (Five) grounds of appeal contained in the notice of appeal filed on 17th November, 2020.
2. The 5 (Five) grounds of appeal do not border on the issue of fundamental rights of the appellant under Chapter IV of the 1999 Constitution.
3. The said 5 (Five) grounds of appeal were filed without leave of this honourable court as required by the 1999 Constitution of the Federal Republic of Nigeria.
4. Leave of this honourable court is required and compulsory for the valid filing of the grounds of appeal.
5. Failure to obtain leave of this court before filing of the grounds of appeal is fatal and robs this honourable court of its jurisdiction.

Considerable legal arguments on the preliminary objection were incorporated in the respondents’ brief of argument at pages 6 – 9 thereof. The respondents’ counsel formulated a sole issue for the determination of the objection, to wit: whether the Court of Appeal has power to consider this appeal on its merit having regards to section 243(2) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (the “Constitution”).