CHRISTIAN NWOSISI V. THE STATE
August 7, 2025ISA MAMMAN & 3 ORS V. THE STATE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 11161
In the Supreme Court of Nigeria
Fri Jun 4, 1976
Suit Number: SC. 197/1975
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
PARTIES
BARCLAYS BANK OF NIGERIA LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The parties were having contrary view in respect of the undischarged liabilities of the plaintiff in respect of the plaintiffs banking operations in the eastern branch before the secession. The plaintiff has asked the court to determine this question in dispute. The court decline jurisdiction on the subject matter.
HELD
The court held in the circumstance of this case, the court has the right to determine whether the said liabilities have been extinguished and same is not covered by the ouster clause in the Decree.
ISSUES
Whether or not the court has jurisdiction to entertain a decision of the Governor of Central Bank made under the Banking Obligations (Eastern States) Decree.
RATIONES DECIDENDI
JURISDICTION OF COURT TO ENTERTAIN A DECISION OF THE GOVERNOR OF CENTRAL BANK MADE UNDER THE BANKING OBLIGATIONS (EASTERN STATES) DECREE
Firstly, a person who did nothing and allowed judgment to go against him in default of appearance did not thereby submit to the jurisdiction of the court. Secondly, a plea of lack of jurisdiction raised for the first time on appeal would be entertained. Finally, where the court, on its own, discovers that it has acted without jurisdiction, it has an inherent power to set aside its own decision in the matter … FATAYI-WILLIAMS, JSC
CASES CITED
Re Dulles Settlement Trusts (1951) 2 TLR. 145 as per Denning, LJ at page 146
Tallack v. Tallack (1927) p. 211 at p. 222
Forfie v. Kwabena Seifah (1958) 1 All ER 289 (P.C.).
STATUTES REFERRED TO
The Banking Obligations (Eastern States) Decree
