EDET EDET JOHN V. THE STATE
March 3, 2025KACHALLA MAKERI V YACHIBAU DADWI
March 3, 2025Legalpedia Citation: (2024-06) Legalpedia 46825 (SC)
In the Supreme Court of Nigeria
ABUJA
Fri Jun 28, 2024
Suit Number: SC.CV/652/2023(R)
CORAM
John Inyang Okoro JSC
Helen Moronkeji Ogunwumiju JSC
Tijjani Abubakar JSC
Moore Aseimo Abraham adumein JSC
Habeeb Adewale Olumuyiwa abiru JSC
PARTIES
C & N INVESTMENT LIMITED
APPELLANTS
1. STERLING BANK PLC
2. TOTAL E & P NIGERIA LIMITED
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE, CONTRACT LAW, BANKING LAW, CONSTITUTIONAL LAW, CIVIL PROCEDURE, APPEAL
SUMMARY OF FACTS
The appellant obtained a loan of US$17 million from the 1st respondent (Sterling Bank PLC) in December 2010 with a 78-month tenure. The loan was to be repaid from rental income from a property leased to the 2nd respondent (Total E & P Nigeria Limited). The appellant later requested for restructuring of the loan, which was granted for 24 months from June 22, 2018, to June 22, 2020, with the outstanding sum being US$33,814,859.35.
A dispute arose between the appellant and the 2nd respondent regarding the lease, leading to litigation which was later settled amicably. However, the appellant did not remit the settlement payment toward the loan. The 1st respondent demanded immediate repayment of the entire outstanding loan plus interest (US$39,172,776.34) in September 2019. The appellant filed suit at the Federal High Court seeking declarations that the loan was not due until June 2020.
The 1st respondent filed a motion for summary judgment based on the appellant’s admissions in its pleadings. The trial court granted summary judgment for the admitted sum of US$33,814,859.35. The appellant’s appeal to the Court of Appeal was dismissed, leading to this appeal to the Supreme Court.
HELD
1. The appeal was dismissed.
2. The appellant’s motion on notice filed on 19/08/2023 was refused and dismissed.
3. Costs of N5,000,000.00 were awarded against the appellant in favor of the 1st respondent.
4. The Court held that the appeal was merely academic and a waste of time.
ISSUES
1. Whether the Court of Appeal was right to have affirmed the decision of the trial Court.?
2. Whether the appellant’s motion for extension of time to seek leave to appeal and to amend its notice of appeal should be granted.?
RATIONES DECIDENDI
APPLICATION FOR TIME EXTENSION – PREREQUISITES FOR GRANT:
“An application for enlargement of time to appeal or to seek leave to appeal is not granted as a matter of mere routine. Every such application is to be granted or refused at the discretion of the Court. And the Court must exercise its discretion judicially and judiciously.”- Per MOORE ASEIMO ABRAHAM ADUMEIN, J.S.C.
RIGHT OF APPEAL – CONSTITUTIONAL LIMITATIONS:
“The exercise of a constitutional right to appeal is only permissible within the limits provided by the constitution itself.” – Per MOORE ASEIMO ABRAHAM ADUMEIN, J.S.C.
GROUNDS OF APPEAL – DISTINCTION BETWEEN LAW AND MIXED LAW AND FACTS:
“A ground which challenges the exercise of a Court’s discretion is a ground of mixed law and facts.”- Per MOORE ASEIMO ABRAHAM ADUMEIN, J.S.C.
SANCTITY OF CONTRACT – DUTY OF COURTS:
“Courts do not make or change contracts for parties…Therefore, Courts should not be made to face the dust when contracting parties decide to outsmart themselves.”- Per MOORE ASEIMO ABRAHAM ADUMEIN, J.S.C.
JURISDICTION – RELATIONSHIP WITH POWER:
“Where a Court has no jurisdiction, with respect to a matter before it, the judicial basis for the exercise of any power with respect to such matter is also absent.” – Per MOORE ASEIMO ABRAHAM ADUMEIN, J.S.C.
INCOMPETENT NOTICE OF APPEAL – EFFECT ON AMENDMENT:
“An incompetent notice of appeal is fundamentally and incurably defective that it cannot be amended.”- Per MOORE ASEIMO ABRAHAM ADUMEIN, J.S.C.
ADMISSIONS IN PLEADINGS – EFFECT:
“What is admitted needs no further proof.”- Per JOHN INYANG OKORO, J.S.C.
TECHNICAL JUSTICE VS SUBSTANTIAL JUSTICE:
“Our Courts have long departed from the era of technicalities to doing substantial justice between parties.”- Per JOHN INYANG OKORO, J.S.C.
PACTA SUNT SERVANDA – APPLICATION TO LOAN AGREEMENTS:
“Where parties enter into an agreement, they are bound by the terms thereof and this is encapsulated in the Latin maxim pacta sunt servanda” – Per HABEEB ADEWALE OLUMUYIWA ABIRU, J.S.C.
SUPREME COURT’S ROLE – FOCUS ON IMPORTANT CASES:
“This Court is the ultimate and the highest Court in the judicial hierarchy in this country and the Court of last resort. Its position makes it incumbent on it to focus its time and energy on hearing appeals on arguable points of law of general public importance.”- Per HABEEB ADEWALE OLUMUYIWA ABIRU, J.S.C.
COUNSEL’S DUTY TO THE COURT:
“As an advocate, he is a minister of justice equally with the Judge…He has a duty to the Court which is paramount. It is a mistake to suppose that he is the mouthpiece of his client to say what he wants.” – Per HABEEB ADEWALE OLUMUYIWA ABIRU, J.S.C.
FRIVOLOUS APPEALS – COURT’S STANCE:
“The threshold of this Court for tolerating nonsensical and useless appeals that add no value to our jurisprudence is wearing very thin.”- Per HABEEB ADEWALE OLUMUYIWA ABIRU, J.S.C.
JURISDICTION – EFFECT OF INCOMPETENT GROUNDS:
“The effect of failure to obtain leave renders the appeal incompetent and the Court lacks jurisdiction to entertain it.”- Per HELEN MORONKEJI OGUNWUMIJU, J.S.C.
CASES CITED
STATUTES REFERRED TO
1. Constitution of the Federal Republic of Nigeria, 1999 (as amended)
2. Supreme Court Act
3. Supreme Court Rules, 2011
4. Federal High Court (Civil Procedure) Rules, 2019
5. Evidence Act, 2011
