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AKINGBOLA & ANOR
V.
INTERCONTINENTAL BANK PLC & ORS

(2024) JELR 112949 (SC)

Supreme Court 21 Jun 2024 Nigeria
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- The case arose from the removal of the appellants as directors of Intercontinental Bank Plc by the Central Bank of Nigeria (CBN) under Section 35 of the Banks and Other Financial Institutions Act (BOFIA) 1991, following financial interven

Case Details

Suit Number:SC/18/2017
Judges:JOHN INYANG OKORO, JSC ADAMU JAURO, JSC EMMANUEL AKOMAYE AGIM, JSC OBANDE FESTUS OGBUINYA, JSC HABEEB ADEWALE OLUMUYIWA ABIRU, JSC
Counsel:I. O. Aniakor Esq for Appellants. Oluseye Opansanya, SAN with AVM Ibrahim Shatti Esq, Babatunde Ige, Esq, Amazing Ikpala Esq and Daniel Peter Esq for the 1st to 6th Respondents/Cross Appellants. S. Edward Esq with T. Odekhe Esq and J. Imagedion Esq for the 7th to 13th Respondents. Chukwuka Ikwuazom, SAN with Olujoke Aliu Esq, Ime Edem-Nse Okiemute Ohwahwa Esq and Emmanuel Ovhakionyamhe Esq, Adeoye Adetunji Esq for 14th Respondent/Cross Appellant. Chima Okereke for 15th Respondent/Cross Appellant.

HABEEB ADEWALE OLUMUYIWA ABIRU. JSC (Delivering the Leading Judgement): This appeal is against the judgment of the Court of Appeal, Lagos Judicial Division, delivered on the 9th of December, 2016 in Appeal No CA/L/606/2011. The Appellants commenced the action leading up to this appeal in the Federal High Court, Lagos Division by a Petition against Respondents and their claims were for:

i.  A declaration that 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 any other body or authority inclusive of the Central Bank of Nigeria cannot validly direct that the 2nd Appellant 'cease forthwith to serve as Director of the Bank' without giving the Appellants a hearing thereon.

ii.  A declaration that to the extent that the said letter dated 28th March 2011 under the hand of the Bank's Company Secretary to the 2nd Appellant herein conveying a purported d…

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