CORAM
S.M.A. BELGORE, JUSTICE, SUPREME COURT
I.L. KUTIGI, JUSTICE, SUPREME COURT
S.O. UWAIFO JUSTICE, SUPREME COURT
A.O. EJIWUNMI JUSTICE, SUPREME COURT
PARTIES
NIGERIA DEPOSIT INSURANCE CORPORATION APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff (Republic Bank) instituted action against the CBN for alleged ‘capricious and illegal’ revocation of its banking license particulars of which were not stated. ?
HELD
The court held that the Federal High Court had no jurisdiction under Section.12 of the Banks and Other Financial Institutions Decree 1991. ?
ISSUES
1. Whether the learned trial judge had jurisdiction to entertain the plaintiff/respondent action.2. Whether the learned trial judge was right in holding that the defendant/appellant’s preliminary objection was premature and that it could not have succeeded without an affidavit in support.3. Whether the Court of Appeal was right in holding that the learned trial judge ought to have struck out the case for want of jurisdiction instead of dismissing it.4. Whether the Court of Appeal was right to dismissed the cross-appeal filed by the defendant/appellant.?
RATIONES DECIDENDI
JURISDICTION OF COURTS OVER REVOCATION OF BANKING LICENCE
In order that the court may have jurisdiction to entertain an action against revocation of a banking license under Section.12 of the Banks and Other Financial Institutions Decree 1991, the plaintiff has to show or allege bad faith in the way the revocation was done and indicate the elements that constitute the bad faith. This must be done preferably at the threshold of the suit being placed before the court because the court is to presume that the act complained of was done in good faith which naturally will deprive it of jurisdiction unless bad faith is positively alleged by way of its elements – Uwaifo J.S.C
JURISDICTION TO BE SETTLED FIRST WHEN RAISED
A court is not only entitled but bound to put an end to proceedings if at any stage and by any means it becomes manifest that they are incompetent-Uwaifo J.S.C.
CASES CITED
Taiwo v. Akinwunmi (1975) 4 S.C. 143 at 172; Oloyo v. Alegbe (1983) 2 SCNLR 35 Western Steel Works Ltd. v. Iron & Steel Workers Union (1986) 2 NSCC (Vol.17) 786 at 798 Izenilawe v. Nnadozie (1952) 14 WACA36l at 363;Adeyemi v. Opeyori (1976) 9-10 Sc 31; Kashikwu Farms Ltd v. Attorney-General of Bendel State (1986) 1 NWLR (pt.19) 695. Barclays Bank of Nigeria Ltd. v. Central Bank of Nigeria (1976) 1 All NLR 409; Melton Meeds Ltd v. SIB (1995) 3 All ER 880 at 88?
STATUTES REFERRED TO
The Banks and Other Financial Institutions Decree 1991