Mr. Nebolisa O. Arah & Anor V. Chief Osa Osunde (2016)

LawGlobal-Hub Lead Judgment Report

CHINWE EUGENIA IYIZOBA, J.C.A. 

This is an Appeal against the decision of Tsoho J of the Federal High Court, Lagos Division fixing a date for the hearing of committal proceedings instituted by the Respondent against the Appellants over an alleged disobedience of the order of the Court.

The Respondent as Plaintiff by an Originating Summons commenced this Suit at the Lower Court against three Defendants (1) Governor, Central Bank of Nigeria (2) Central Bank of Nigeria and (3) AfriBank Nigeria Plc for the determination of the following questions:
1) Whether given the provisions of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (hereinafter referred to as “the 1999 Constitution”), the Governor of the Central Bank of Nigeria or anybody or authority inclusive of the Central Bank of Nigeria can validly proceed under or pursuant to Section 48(2) (b) of the Banks and Other Financial Institutions Act, Cap.B3, LFN, 2004 (hereinafter referred to as “the BOFIA”) or any regulations made under the said enactment to purport to make a determination there under without giving the Plaintiff a hearing thereon?
2)

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Whether the Governor of the Central Bank of Nigeria or any other body or authority inclusive of the Central Bank of Nigeria can validly proceed on a purported declaration by and of itself under and/or pursuant to Section 48(2) (b) of the BOFIA or any regulations made under the said enactment to purport to make a determination and/or declaration thereon in the absence of any Order of a Court of competent jurisdiction?

Upon the determination of the questions, the Plaintiff sought the following reliefs:
1) A DECLARATION that given the provisions of Section 36 of the 1999 Constitution, the Governor of the Central Bank of Nigeria or anybody or authority inclusive of the Central Bank of Nigeria cannot validly proceed under or pursuant to Section 48(2) (b) of the BOFIA or any regulations made under the said enactment to purport to make a determination there under without giving the Plaintiff a hearing thereon.
2) A DECLARATION that the Governor of the Central Bank of Nigeria or any other body or authority inclusive of the Central Bank of Nigeria cannot validly proceed on a purported declaration by and of itself under and/or pursuant to Section 48(2)

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(b) of the BOFIA or any regulations made under the said enactment to purport to make a determination and/or declaration thereon in the absence of any Order of a Court of competent jurisdiction.
3) A DECLARATION that to the extent that the 1st Defendants by letter dated the 12th May, 2011 addressed to the plaintiff purports to claim to have disqualified the Plaintiff from continuing to remain in office as Director of the 3rd Defendant Bank and/or to have withdrawn the Plaintiff’s subsisting right or entitlement to remain in the said office purportedly under or pursuant to Section 48(2)(b) of the BOFIA or any regulations made under the said enactment, in the absence of a determination and/or declaration of a Court of competent jurisdiction and without giving the Plaintiff a hearing, the same is invalid, null and void and of no effect whatsoever.
4) AN ORDER of injunction restraining the Defendants by themselves or any one of them, their servants, agents, assigns, privies or howsoever from and/or in any manner whatsoever disturbing the Plaintiff’s lawful occupation of the office of Director and Chairman of the 3rd Defendant Bank herein, until the

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Plaintiff’s tenure of office duly expires.
The Originating Summons, Affidavit in Support and Exhibits are at pages 1 – 29 of the Record of Appeal.

Along with the Originating Summons, the Plaintiff filed a Motion Exparte and a Motion on Notice for interim and interlocutory injunctions. The processes with Written Addresses in support are at pages 30 – 65 of the Record of Appeal.

On 25/05/11 after hearing the motion exparte the Lower Court ordered as follows:
1) That the Defendants or any one of them, by themselves, their servants, agents, officers, privies or howsoever are restrained from enforcing, giving effect to, carrying out and/or taking any step or further steps in pursuance of the execution and/or in furtherance of the letter dated the 12th May, 2011 and headed “Withdrawal of Approval To Remain As Director? and the contents thereof under the hand of the 1st Defendant herein to the Plaintiff herein pending the hearing and final determination of the Motion on Notice for Orders, inter alia, of interlocutory injunction filed in this Suit.
2) That there stands suspended the letter dated the 12th May, 2011 and headed Withdrawal

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of Approval To Remain As Director and the contents thereof under the hand of the 1st Defendant herein to the Plaintiff herein pending the hearing and final determination of the Motion on Notice for Orders, inter alia, of interlocutory injunction filed in this Suit.
3) That the Plaintiff shall be at liberty to continue to remain in office as Director and Chairman of the 3rd Defendant Bank herein pending the hearing and final determination of the Motion on Notice for Orders, inter alia, of interlocutory injunction filed in this Suit.