January 17, (THEWILL) -The Supreme Court has reversed its earlier decision which dismissed an appeal by Guaranty Trust Bank (GTB) against a N2.4 billion judgement given in favour of Innoson Motors Nigeria Limited by the Court of Appeal in Ibadan, Oyo State.
THEWILL recalls that the apex court had in a February 27, 2019 ruling delivered by the Court of Appeal, Ibadan, Oyo State, dismissed GTB’s appeal against Innoson.
But in a ruling on Friday, a five-man panel of the Supreme Court led by Justice Olulayode Ariwoola, unanimously admitted that the apex court erred, when, in a ruling on February 27, 2019, it erroneously dismissed the appeal marked: SC/694/2014 filed by GTB.
In the lead judgement, written by Justice Tijani Abubakar, but read on Friday by Justice Abdu Aboki, the court held that it was misled by its Registry, which failed to promptly bring to the notice of the panel that it sat on the case on February 27, 2019, and that GTB had already filed its appellant’s brief of argument.
The Supreme Court said 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 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 judgement, held that the apex court has the power to set aside its decision in certain circumstances, like any other court.
He said: “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 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.”
Consequently, the apex court ordered the reinstatement of GTB’s appeal and dismissal of the previous ruling.
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