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NDIC
V.
OKEM ENTERPRISE LTD. & ANOR.

(2004) JELR 20166 (SC)

Supreme Court 23 Apr 2004 Nigeria
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- The case involves the Nigerian Deposit Insurance Corporation (NDIC) and a customer of Allied Bank of Nigeria. - The case was initially filed in the Failed Banks and Financial Malpractices Tribunal but was later transferred to the Federal

Case Details

Suit Number:SC.92/2003
Judges:IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria
Counsel:Alhaji Abdullahi Ibrahim, SAN (with him, Rickey Tarfa, SAN, Akinola Ama, Esq., O. O. Soyebo [Mrs.], O. Jolaawo, Esq., Rotimi Oguneso, Esq., Pauline Tarfa [Miss], Sunny I. Ukpeke, Esq. and Kolawole Olowookere, Esq.) For Appellant AND Chief Robert Clarke (with him, I. C. Eke, Esq. and J. C. Obayi, Esq.) For Respondent
Other Citations:N.D.I.C. v. Okem Ent. (2004) 10 NWLR (Pt.880)107 (2004) 18 NSCQR 42

UWAIFO, JSC (Delivering the Leading Judgment): The Nigerian Deposit Insurance Corporation (the NDIC) is the liquidator of Allied Bank of Nigeria, Plc. It acts in that capacity in furtherance of its duties under section 28 of the Nigerian Deposit Insurance Corporation Act (the Act) (Cap. 301) Laws of the Federation of Nigeria, 1990 and under other laws, and as may be relevant under the Companies and Allied Matters Act, 1990 (the CAMA). The 1st respondent, Okem Enterprises Nigeria Limited, was said to be a valued customer of the said Allied Bank of Nigeria Plc. (the bank). It maintained various accounts with different branches of the bank.

The 1st respondent obtained credit facilities or loans from the bank. It is alleged that as at 31 January, 1999, the total amount outstanding against the 1st respondent was ₦284,109,459.59. The bank's licence has been revoked by the Central Bank of Nigeria and this led to the NDIC being appointed the liquidator of the bank. The NDIC filed an applicat…

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