BARCLAYS BANK OF NIGERIA LTD V. CENTRAL BANK OF NIGERIA

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