CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
PARTIES
UNION BANK OF NIGERIA PLC APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The first respondent, an employee of the Appellant, was interdicted, and later suspended for financial misappropriation and improper and unapproved grant of overdraft to some named customers having been so found by auditors of the auditors of the appellant. The respondent was detained during police investigation, upon his release, he sued the Appellant for enforcement of fundamental human right.
HELD
The court held that the decision does not arouse out of a master and servant relationship and not one of the enforcement of fundamental human right and that appeal against an interlocutory matter was one which leave of court had to be sought and obtained”.
ISSUES
1. Whether an appeal against the decision of a High Court granting leave to enforce the Fundamental right to personal liberty is as of right or must be with leave under the 1999 Constitution.2. Whether the 1st Respondent’s action in the High Court of Lagos State would not have been liable to be struck out if the court below had considered the merits of the appeal before it.
RATIONES DECIDENDI
CASES CITED
Olatunde V. Obafemi Awolowo University & anor. (1998) 5 NWLR (Pt.549) 178 at 186 (1998) 4 SCNJ. 59);Balosun V. Adeiobi (1995) 2 NWLR (Pt.375) 131 at 161 Akinsanya V. U.S.A. (1986) 4 NWLR (Pt. 39) 273 at 293 Akwiwu Motors Ltd. V. Sangonuga (1984) 5 SC 184,Anoghalu V. Oraelosi (supra), Nwosu V. Offor (supra)
STATUTES REFERRED TO
The Constitution Federal Republic Of Nigeria 1999?