N2.4b Judgment Debt: Supreme Court reverses self in GTB, Innoson Motors case – Newstrends
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N2.4b Judgment Debt: Supreme Court reverses self in GTB, Innoson Motors case

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3 years ago

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Supreme Court of Nigeria

The Supreme Court has set aside its earlier ruling which dismissed Guaranty Trust Bank’s appeal against a N2.4 billion judgment in favour of Innoson Motors Nigeria Limited.

The apex court set aside its own decision on Friday, while delivering judgment in an application by GTB seeking the re-listing of the appeal on the grounds that it was wrongly dismissed.

The apex court in reversing itself relied on Order 8 Rules 16 of the Supreme Court’s Rules that empowers it to set aside its decision in certain circumstances, like any other court.

Specifically, the five-member panel, led by Justice Olukayode Ariwoola, in a unanimous decision, held that the apex court erred in its ruling of February 27, 2019, wherein it erroneously dismissed GTB’s appeal with number: SC/694/2014 against the decision of the Court of Appeal, Ibadan, Oyo State.

The apex court, in the lead judgment written by Justice Tijani Abubakar, but read by Justice Abdu Aboki, claimed that it was misled by its Registry, which failed to promptly bring to the notice of the panel that sat on the case on February 27, 2019 that GTB had already filed its appellant’s brief of argument.

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The apex court noted that had the panel that sat on the case on February 27, 2019 been notified of the existence of the appellant’s brief of argument, it would not had given the ruling which dismissed GTB’s appeal on grounds of lack of diligent prosecution.

The apex court justices explained that the court has powers to reverse itself where there is any reason to do so, especially where any of the parties had obtained judgment by fraud, default or deceit; where such a decision is a nullity or where it is obvious that the court was misled into giving a decision.

According to the judgment, the circumstances of the GTB case falls into the category of the rare cases where the Supreme Court could amend or alter its own order on the grounds that the said order or judgment did not present what it intended to record.

The apex court held: “I am convinced that at the material time that the appellant’s appeal was inadvertently dismissed by this court, there was in place, a valid and subsisting brief of argument filed by the applicant.

“It will be unjust to visit the sin of the court’s Registry on an innocent, vigilant, proactive and diligent litigant.

“It is obvious from the material before us, that there were errors committed by the Registry of this court, having failed to bring to the notice of the panel of Justices that sat in chambers on February 27, 2019 that the appellant had indeed filed its brief of argument.

“This is a case deserving of positive consideration by this court.

“Having gone through all the materials in this application therefore, I am satisfied that the appellant/applicant’s brief of argument was filed before the order of this court made on February 27, 2019 dismissing the applicant’s appeal.

“The order dismissing the appeal was therefore made in error. It ought not to have been made if all materials were disclosed. The application is therefore, meritorious and hereby succeeds.”

Aboki proceeded to set aside the court’s ruling of February 27, 2019 dismissing GTB’s appeal and ordered that the appeal marked: 694/2014 “be relisted to constitute an integral part of the business of this court until its hearing and determination on the merit”.

Other members of the panel are John Okoro and Helen Ogunwumiju.

THISDAY./Eagle

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Ibadan Pastor ends 30-year-marriage over sex dispute with wife

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39 minutes ago

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April 11, 2025

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Ibadan Pastor ends 30-year-marriage over sex dispute with wife

A Mapo Grade A Customary Court sitting in Ibadan on Friday acceded to prayers of one Pastor Olamide Agbejaife to end the 30-year cohabitation between him and his estranged wife, Mary, for frequently denying him sex denial and food poisoning.

Agbejaife, a resident of Olodo in Ibadan, told the court that his wife’s behaviour took a negative turn after he received a revelation in 2017 that he would marry another wife.

He claimed that since then, Mary had stopped engaging in sexual intimacy with him and had even attempted to poison him.

“On Dec. 6, 2021, I had a serious stomach upset after eating food given to me by Mary,” Agbejaife said.

“She also cursed me on several occasions without reason.

“After our first child was born in 1995, she started leaving our home without permission, often without providing any explanation.

“In fact, when I underwent surgery in 2022, Mary abandoned me for 14 months and only resurfaced later.”

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Agbejaife also revealed that Mary had told someone he had died after a poisoning incident.

In her response, Mary, a trader, pleaded with the court not to terminate their 30-year relationship, expressing her desire to enjoy the fruits of her labour and the children they had together.

“Agbejaife was the one who stopped having sexual intimacy with me and even moved out of the house,” Mary told the court in her defence.

“We have never had any physical fights, although we did quarrel occasionally,” she admitted.

Delivering judgment, the court’s President, Mrs O.E. Owoseni, ruled that Agbejaife and Mary were free to go their separate ways, as Mary was no longer interested in the relationship.

Owoseni pointed out that the union was not a valid customary marriage in the first place because the petitioner, Agbejaife, had not paid the bride price to the respondent.

Citing various sections of the law, the court held that none of the evidence provided by either party indicated that a dowry had been paid.

” This is a fundamental requirement for a valid customary marriage in Nigeria,”she said.

The court also struck out the prayer seeking to restrain Mary from harassing, threatening, or interfering with Agbejaife’s private life, as Agbejaife did not provide sufficient evidence to support his claim.

Ibadan Pastor ends 30-year-marriage over sex dispute with wife

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BREAKING: Protest in Rivers over emergency rule [VIDEO]

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43 minutes ago

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April 11, 2025

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BREAKING: Protest in Rivers over emergency rule [VIDEO]

A large group of women have protested the suspension of Governor Siminalayi Fubara and the ongoing emergency rule in the state.

The demonstrators gathered outside the State Government House in Port Harcourt and led a procession through the streets of the city.

Chanting songs in solidarity with the suspended governor and holding placards, the women demanded the restoration of democratic leadership.

Governor Fubara was suspended in a controversial manner in March after President Bola Ahmed Tinubu declared a state of emergency in the state. The federal government appointed retired Vice Admiral Ibok-Ete Ibas as Sole Administrator to oversee affairs for an initial period of six months.

However, the protesting women accused the federal government of using the emergency rule to push a political agenda, not to address any real security threat.

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“This imposition is not driven by any genuine threat to national security but is clearly a politically motivated manoeuvre aimed at subjugating our people and undermining our constitutional democracy,” the women said in a statement titled “Liberation Walk and Call for the Restoration of Democratic Leadership.”

They criticised the Sole Administrator, accusing him of acting beyond his powers and trying to take control of the state unjustly.

The protesters questioned why a state like Rivers, which has remained relatively peaceful, is under emergency rule, while more troubled states like Borno, Zamfara, and Kaduna have not received the same treatment.

“What we are witnessing is not governance—it is occupation. Not democracy, but autocracy,” the women declared.

The group made several demands, including: immediate reinstatement of Governor Fubara and other democratic institutions in Rivers State; an end to the military-style emergency rule, which they described as unconstitutional and unjustified; intervention from respected Nigerian leaders and diplomats to help reverse the decision; support from civil society and the international community to defend democracy in Rivers State.

They warned that women and youths in the state would no longer remain silent in the face of what they called repression and political takeover.

“Rivers State is the heart of the Niger Delta. Peace has prevailed in our communities. We will not allow anyone to steal our voices or subvert our will. Democracy must be restored,” the statement by the protesters added.

BREAKING: Protest in Rivers over emergency rule [VIDEO]

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Ekiti govt engages Muslim leaders after Mosque demolition tension

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56 minutes ago

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April 11, 2025

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Ekiti govt engages Muslim leaders after Mosque demolition tension

The Ekiti government has engaged in peace talks with Muslim leaders under the aegis of the Supreme Council for Islamic Affairs (SCIA) in a bid to ease tensions following the demolition of a mosque in Aramoko LGA in the state.

Deputy Governor Monisade Afuye, who met with the religious leaders, assured them that the administration of Governor Biodun Oyebanji remains committed to religious harmony and peaceful coexistence.

The mosque in question was allegedly demolished to pave the way for an ultra-modern market, a constituency project of Senate Leader and Ekiti Central Senator, Opeyemi Bamidele.

Speaking during the meeting, Afuye stated that the Alara-in-Council, led by the Alara of Aramoko Ekiti, Oba Olu Adeyemi, had already allocated another plot of land for the rebuilding of the mosque.

She urged the Muslim community to remain calm and assured them of the government’s commitment to justice.

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“I am even happy that the Alara of Aramoko Ekiti is a Muslim leader. He can’t be in a place where you will be cheated,” Afuye said.

“We will convene a stakeholders’ meeting soon to ensure a peaceful resolution.”

The Deputy Governor added that the Senate Leader’s project was intended to develop the town in a way that benefits all residents, including Muslims, and that the provision of a new plot for the mosque shows the community’s respect for Islamic worshippers.

In response, SCIA President, Dr. Hameed Bakare, commended the government’s swift intervention and expressed hope for a timely and amicable resolution.

“We want this matter resolved quickly. We believe Governor Oyebanji will not allow it to fester,” he said.

Chief Imam of Aramoko Ekiti, Alhaji Abdul-Raheem Bamigbola, raised concern that two mosques had been demolished in the community within six months for development projects, with little effort made to rebuild them.

He stated that while the Muslim community supports development, their place of worship must be restored at a suitable location.

“We appreciate Senator Bamidele’s developmental strides, but he must fulfill his promise to build another mosque for us,” the Imam said.

Ekiti govt engages Muslim leaders after Mosque demolition tension

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