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CAC
V.
UBA & ORS

(2016) JELR 41090 (CA)

Court of Appeal 30 Mar 2016 Nigeria
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- The Corporate Affairs Commission (CAC), relying on its regulatory powers under Sections 7, 197, 198, 199, and 315 of the Companies and Allied Matters Act (CAMA), demanded that several commercial banks disclose records of all loan transact

Case Details

Suit Number:CA/L/443A/2014
Judges:SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Counsel:O. O. ADELEYE WITH HIM, O. V. IWEZE For Appellant OYENIYI SODIMU WITH C.N. OMEKE FOR 1ST RESPONDENTPROF. TAIWO OSIPITAN (SAN) WITH HIM, DAMILOLA SALISU FOR 2ND RESPONDENTFRED ONUOBIA FOR 3RD RESPONDENTAYOOLA AJAYI WITH HIM, JOHN EDAGIE AND FEMI IDOWU FOR 4TH RESPONDENTA. OLALERU WITH HIM, L.IBITAYO FOR 5TH RESPONDENTEVELYN OBIOHA (MISS) WITH, EHIOMA-UBEZE (MISS) FOR RESPONDENT For Respondent

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, Lagos Division, coram IDRIS J. delivered on the 18th day of March, 2013.

The brief facts of this case as put forward by the Appellant is that the Appellant, as the regulatory body established as per the Companies and Allied Matters Act, Cap C20, Laws of the Federation of Nigeria, 2004 and in purported exercise of powers conferred on it by Section 7 of the Act, wrote to various commercial banks requesting them to furnish to the Appellant records of all loan transactions and documentation between the banks and public and private companies in Nigeria between 1st January, 2008 and 31st December, 2010. The Respondents however failed to comply with the demand on the ground that compliance would be a breach of their confidentiality duty to their customers and also that the Appellant had failed to obtain an order of Court in this regard.

In its judgment,…

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