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  • Suleco Nig. Ltd v. Nigeria Universal Bank
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  • 2002-12-30
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Suleco Nig. Ltd v. Nigeria Universal Bank

SULECO NIGERIA LIMITED

ALHAJI SULEIMAN AHMED

V

NIGERIA UNIVERSAL BANK

( Appointed by the Nigeria Deposit Insurance Corporation )

COURT OF APPEAL

( KADUNA DIVISION )

RABIU DANLAMI MUHAMMAD, JCA ( Presided )

MAHMUD MOHAMMED, JCA ( Read the Lead Judgment )

VICTOR AIMEPOMO OYELEYE OMAGE, JCA

CA/K/250/M/2000

THURSDAY, 28TH JUNE, 2001

APPEAL - Decision of Failed Banks Tribunal - Right of appeal against When lost

APPEAL - Failed Banks Tribunal - Right of appeal thereunder - Section 5 of failed Banks (Recovery of Debt) and Financial Malpractices in Banks Decree No. 18 1994

APPEAL - Section 7(1) and (2) of Decree 62 of 1999 - Right of appeal thereunder

COURT - Federal High Court and Court of Appeal - Respective jurisdiction of under the Tribunal (Certain Consequential Amendment etc.) Decree No. 62 1999

INTERPRETATION OF STATUTE - Decree No. 62 of 1999 and section 5 of Failed Banks Decree No. 18 of 1994 - Respective rights of appeal created thereunder - Distinction between

INTERPRETATION OF STATUTE - Legislation - Date of commencement thereof - Where clearly indicated in the enactment - Effect thereof JURISDICTION - Court of Appeal - Jurisdiction conferred on by section 7 of Decree No. 62 of 1999 - Date of commencement of

JURISDICTION - Court of Appeal - Jurisdiction of under section 219 of 1979  Constitution vis-a-vis Decree No. 18 of  1994

JURISDICTION - Court of Appeal - Jurisdiction of under section 240 1999 Constitution - Whether include hearing an appeal from decision of Tribunals already abolished by Decree No. 62 of 1999

JURISDICTION - Federal High Court and Court of Appeal - Respective jurisdiction of under the Tribunal (Certain Consequential Amendment etc.) Decree No. 62 1999

STATUTE - Failed Banks Tribunal - Right of appeal thereunder - Where party failed to exercise before being repealed by Decree No. 62 of 1999 -  Whether party can apply for extension of time to exercise same

STATUTE - Section 219 of 1979 Constitution - Jurisdiction of Court of Appeal thereunder - Jurisdiction of Court of Appeal vis-a-vis Decree No. 18 of 1994

STATUTE - Section 7 of Decree No. 62 of 1999 Constitution - Jurisdiction conferred on the Court of Appeal there under - Date of commencement thereof

STATUTE - Section 7(1) and (2) of Decree 62 of 1999 - Right of appeal thereunder

STATUTE - Tribunals (Certain Consequential Amendments etc.) Decree No. 62 of 1999 - Respective jurisdiction of the Federal High Court and the Court of Appeal thereunder

TRIBUNAL - Failed Banks Tribunal - Right of appeal thereunder - Section 5  of Failed Banks (Recovery of Debt) and Fundamental Malpractices in Banks Decree No. 18 1994

Issues:

1.            Whether the applicants have the right to appeal against the judgment of the Failed Banks Tribunal Kano Zone delivered against them on 28/5/97.

2.            Whether having regard to the circumstances of this case, the

Court of Appeal has jurisdiction to entertain the applicants’ application having regard to the constitutional and relevant statutory provisions outlining its jurisdiction.

Facts:

The respondents herein as plaintiff sued the applicant as defendant before the Failed Banks Tribunal Kano Zone for the recovery of outstanding balance of credit facilities and accrued interest. The tribunal delivered its judgment on 28/5/97 in favour of the respondent. The applicants were ordered to pay the judgment sum within 30 days from the date of judgment. Applicants after making 2 abortive attempts to appeal against this judgment on 23/8/99 and 11/10/2000 finally brought application before the Court of Appeal for extension of time to file an appeal on 16/10/2000. The Court of Appeal considered the effect of Decree No. 62 of 1999 and section 240 of the 1999 Constitution on the right of appeal of the applicant against matters divided by the Failed Banks Tribunal before the commencement of both legislations.

The court of appeal considered section 5(1)(2), Decree No. 18, 1994; sections 2(1)(2) and 7(1)(2) Decree No. 62 of 1999 and section 240, 1999 Constitution.

Section 5(1)(2) Decree No. 18, 1994 provides:

“5(1) A person convicted or against whom a judgment is given under this Decree may, within 21 days of the conviction or judgment, appeal to the Special Appeal Tribunal established under the Recovery of Public Property (special Military Tribunal) Decree, 1984 , as amended in accordance with the provisions of that Decree.

(2)      The decision of the special appeal tribunal shall be final and , where there is no appeal the decision of the tribunal shall be final.”

Section 2(1)(2) Decree No. 62 of 1999 provides:

“2(1) The Federal High Court or High Court of a State, as the case may be, shall have jurisdiction to try the offences created under the enactment specified in the schedule to this Decree.

(2) Accordingly, a tribunal established in any of the enactment specified in the schedule to this Decree is hereby dissolved.” Section 7(1)(2) Decree No. 62 1999 provides:

“7(1) A person convicted or against whom a judgment is given under this Decree may within 30 days of the conviction or judgment, appeal to the Court of Appeal.

(2)          There shall be a right of appeal from a decision of the Court of

Appeal to the Supreme Court.” Section 240, 1999 Constitution provides:

“240. Subject to the provisions of this constitution, the Court

of Appeal shall have jurisdiction to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Federal High Court, the High Court of the Federal Capital Territory, Abuja. High Court of a State, Sharia Court of Appeal of the Federal Capital Territory, Abuja, Sharia Court of Appeal of a State, Customary Court of  Appeal of the Federal Capital Territory, Abuja, Customary Court of Appeal of a State and from decisions of a court martial or other tribunals as may be prescribed by an Act of the National Assembly.”