ACCESS BANK
V.
NSITF

(2022) JELR 109906 (SC)

Supreme Court 8 Apr 2022 Nigeria
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- This case involves an appeal against a judgment of the Court of Appeal in Nigeria. - The appellant is a financial institution and the respondent is a parastatal of the Federal Government of Nigeria. - The parties had engaged in a banking

Case Details

Suit Number:SC.447/2015
Judges:Kudirat Motonmori Olatokunbo Kekere-Ekun JSC John Inyang Okoro JSC Abdu Aboki JSC Ibrahim Mohammed Musa Saulawa JSC Tijjani Abubakar JSC
Counsel:TAIYE ONIYIE, ESQ., with him, THEOPHILUS OKWUUTE, ESQ. for the Appellant; TUDURU U. UDE, ESQ., with him, ERIC APIA, ESQ. and C.C AGIDI, ESQ. for the Respondent.

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Leading Judgment): The instant appeal is against the judgment of the Court of Appeal, Abuja Judicial Division, delivered on February 24th, 2015 in appeal No. CA/A/673/2013. By the said judgment, the Court below granted the Respondent's appeal against the Appellant. 

BACKGROUND FACTS 

The Appellant happens to be a financial institution duly incorporated under the Companies and Allied Matters Act, CAP. C.20 Laws of the Federation of Nigeria, 2004. 

Contrariwise, the Respondent is a parastatal of the Federal Government of Nigeria duly established pursuant to the provisions of the Nigeria Social Insurance Trust Fund Act CAP. N88 Laws of the Federation of Nigeria. The Respondent as a Social Trust Fund, duly established by the Federal Government, has had a cause to be engaged in a banking business with the Appellant. 

On 19/05/2008, the Respondent applied vide a letter to roll over various sums of money in the Appellant's Bank for a fixed …

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