J. O. OGEBE, J.S.C. (Delivering the Leading Judgment): This is an appeal brought by the Savannah Bank Nigeria Limited which was the appellant in the Court of Appeal Lagos Division which dismissed its appeal on the 29th of June 2000. The claim before the High Court of Lagos State Ikeja was for the sum of N884,609.25, the equivalent of 172,921.85 dollars being the amount due and owed to the plaintiff from the defendants. The 3rd defendant now appellant acted as a collector of the plaintiff but failed to remit the dollar equivalent to the plaintiff. The trial court on the 28th of January, 1993 gave judgment against the 3rd defendant now appellant in the sum of One million, seven hundred thousand eight hundred and eighty-one naira five kobo (N1,700,881.05).
Before this court, the learned counsel for the appellant raised two issues for determination as follows:
"(1) Whether there was a breach of s.285 (1) of the constitution of the Federal Republic 1979 and if so what are the consequences…