Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2004) JELR 45080 (CA)    

Court of Appeal  ·  CA/L/322/2002 ·  16 Nov 2004 ·  Nigeria
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
decree no.
learned trial judge
lower court
enforcement of fundamental rights
special appeal tribunal
high court of lagos state
supreme court
order of certiorari
federal government
private legal practitioner
valid criminal charge
banks decree no.
concurrent jurisdiction
enforcement of fundamental human rights
obvious provisions of sections
provisions of the constitution of the federal republic
actions of other branches
administrative powers
attitude of the court
case of lntemational banks
case of state v
cause of action
chambers of the attorney-general of the federation
combined effect of the provisions of sections
crystal bank of africa ltd.
declaratory orders
enforcement of his fundamental rights
exercise of the power of the attorney-general
federal high courts
financial institution decree no.
following conclusion
fundamental rights of the respondent
hon. justice t.a.o. oyekan-abdulahi
judgment of the 3rd respondent
judicial review of such court
kano zone of the failed banks tribunal
leading judgment
literal rule of construction
m.d. muhammad
prayers of the respondent
ruling of the high court of lagos state
said decree
senior advocate
subject matter of this appeal
suit no. m724

ONNOGHEN, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Lagos State delivered on the 14th day of December, 2000 by Hon. Justice T.A.O. Oyekan-Abdulahi in suit No. M724/99 in which he granted the prayers of the respondent in an application for enforcement of fundamental human rights.

The respondent was tried and convicted by the Kano Zone of the Failed Banks Tribunal, of the offences of alleged failure to declare his interests in the loans granted by Crystal Bank of Africa Ltd. to companies in which the appellant was either Chairman or Director and failure to seek Central Bank of Nigeria approval whilst a director of the said Crystal Bank of Africa Ltd. contrary to section 18(3) of Banks and other Financial Institution Decree No. 25 of 1991 and punishable under section 18(9) of the said Decree. The respondent was not satisfied with that conviction and appealed to the then Special Appeal Tribunal sitting in Lagos which also decided agai…

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