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First Bank of (Nig.) Plc. v. Ladgroup Ltd

FIRST BANK OF NIGERIA PLC.

V

LADGROUP LIMITED

COURT OF APPEAL

( LAGOS DIVISION )

GEORGE A. OGUNTADE, JCA ( Presided and Read the Lead Ruling )

PIUS OLAYIWOLA ADEREMI, JCA

CHRISTOPHER MITCHELL CHUKWUMAH-ENEH, JCA

CA/L/412/2001

TUESDAY 7TH MAY 2002

APPEAL - Reference - Questions for reference to the Supreme Court Whether they are those which must  necessarily be decided on appeal -  How determined by the Court of Appeal

APPEAL - Reference - Question for reference to the Supreme Court Whether raises substantial issues of law - How determined

APPEAL - Power  of reference - Duty of court when exercising

APPEAL - Substantial question of law - What amounts to

COURT - Power of reference - Duty of court when exercising

COURT -  Reference - Questions for reference to the Supreme Court -

Whether they are those which must  necessarily be decided on appeal -  How determined by the Court of Appeal

COURT - Reference - Question for reference to the Supreme Court - Whether raises substantial issues of  law - How determined

COURT - Supreme Court - Whether - Section 295(3) 1999 Constitution is authority for refering just any question of law to the Supreme Court PRACTICE AND PROCEDURE - Substantial question of law - What amounts to

STATUTE - Section 295(3) 1999 Constitution - Whether authority for refering just any question of law to the Supreme Court WORDS AND PHRASES - ‘Substantial question of law’ - Meaning of

Issue:

 Whether bundle of documents compiled by the applicant and a schedule which contains arguments as to why reference ought to be made to the Supreme Court is enough proceedings before the Court of Appeal to warrant the referral of this matter to the Supreme Court.

Facts:

The appellant in this appeal filed an application praying the Court of Appeal  inter alia for an order referring to the Supreme Court, for its decision and direction, the questions which arises in the proceedings and which involved  substantial question of law relating to the interpretation and application of the 1999 Constitution.  The application is supported by affidavit while respondent filed a counter-affidavit.