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ARAH & ANOR
V.
OSUNDE

(2016) JELR 42306 (CA)

Court of Appeal 12 Jul 2016 Nigeria
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Case Details

Suit Number:CA/L/1029/2011
Judges:CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Counsel:A. A. Olatunji, Esq. with him, Ibiyemi Akinajo (Mrs.) and J. A. Oyeyipo For Appellant I. O. Aniakor, Esq. with him, Abieyuwa Otobo (Miss) For Respondent

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): 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 referr…

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