The Supreme Court has reversed its earlier decision which dismissed an appeal by Guaranty Trust Bank, GTB, against a N2.4 billion judgment given in favour of Innoson Motors Nigeria Limited by the Court of Appeal in Ibadan, Oyo State.
A judgment delivered by a five-member panel led by Justice Olukayode Ariwoola unanimously held that the apex court erred when it erroneously dismissed the appeal filed by GTB in its ruling on February 27, 2019.
In the lead judgment written by Justice Tijani Abubakar, the court held that it was misled by its registry which failed to promptly bring to the notice of the panel that sat on the case in 2019 that GTB had already filed its appellant’s brief of argument.
The judgment was on an application by GTB seeking the re-listing of the appeal on the grounds that it was wrongly dismissed.
The Supreme Court stated that had the panel that sat on the case in 2019 been notified of the existence of the appellant’s brief of argument, it would not have given the ruling which dismissed GTB’s appeal on grounds of lack of diligent prosecution.
Relying on Order 8 Rules 16 of the Supreme Court’s rules, Justice Abubakar, in the lead judgment, held that the apex court has the power to set aside its decision in certain circumstances, like any other court.
He explained that such circumstances include where there was any reason to do so, where any of the parties obtained judgment by fraud, default or deceit, where such a decision was a nullity, or where it was obvious that the court was misled into giving a decision.
Justice Abubakar held that the circumstances of the GTB case fell 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.
“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,” he stated.
“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 the 27th February, 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 the 27th of February 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.”
Justice Abubakar 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 – Justices Ariwoola, John Okoro, Helen Ogunwumiju, Abdu Aboki – agreed with the lead judgment.
