MERCHANTS BANK LTD VS FEDERAL MINISTER OF FINANCE
September 8, 2025OLAWOYIN J. S. VS COMMISSION OF POLICE
September 8, 2025Legalpedia Citation: (2022-02) Legalpedia 53406 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Oct 27, 1961
Suit Number: SC.197/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
MBANEFO, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
FEDERAL MINISTER OF FINANCE
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
LAW OF BANKING- CONSTITUTIONAL LAW – REVOCATION OF BANKING LICENCE
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellant’s banking licence was revoked by the respondent. The appellant contended that the revocation can only be ordered by a court in accordance with constitution
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that under the banking ordinance, the respondent has a right to revoke a banking licence and that banking license is not a civil right as provided for by the constitution.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether a right, or licence granted under the banking Ordinance, comes within the meaning of civil rights in the context in which it appears in the fifth clause to the Sixth Schedule to the 1954 Constitution which can only be deprived by a court of law.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
MEANING OF ‘CIVIL RIGHTS AND OBLIGATIONS’ WITHIN THE CONTEXT OF THE FIFTH CLAUSE TO THE SIXTH SCHEDULE TO THE 1954 CONSTITUTION
‘From the context in which the words “civil rights and obligations” appear in the constitution, from the matter that the Sixth Schedule purports to deal with, it is clear that a right or licence to do banking business under the Banking Ordinance does not come within the meaning of “civil rights”.’ Per Taylor F.J
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Citizens Insurance Co. of Canada v. Parsons, 7. App. Cases 96 at page 110,
Russell v. The Queen, 7. App. Cases 829 at page 838
STATUTES REFERRED TO
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The Banking Ordinance
Clause 5 of the Sixth Schedule of the Nigeria (Constitution) Order in Council, 1954
