The Courtroom of Enchantment, Abuja, on Friday dismissed the enchantment filed by the Nigerian Agricultural Insurance coverage Company (NAIC) in opposition to First Financial institution of Nigeria within the long-running dispute over the disbursement of the Federal Authorities’s N200 billion Business Agriculture Credit score Scheme.
The choice was one in every of seven precedent-setting judgments delivered in six hours identical day by Justice Okon Abang, underscoring his fame as a relentlessly hardworking, agency, and uncompromisingly principled jurist whose rulings proceed to form Nigeria’s authorized panorama throughout legal, human rights, banking, and civil litigation.
NAIC had, in 2013, dragged First Financial institution earlier than the Federal Excessive Courtroom through originating summons, alleging the financial institution didn’t deduct the necessary 2.5% premium linked to the agriculture credit score scheme. First Financial institution promptly filed a counter-affidavit and written tackle, with either side becoming a member of points and exchanging additional processes over time.
However when the case was ripe for listening to, NAIC sought to out of the blue withdraw its swimsuit—claiming an unnamed Bankers’ Committee consultant had approached it for an out-of-court settlement.
First Financial institution objected, insisting that when pleadings had been exchanged, withdrawal with out consent ought to result in dismissal, not a mere putting out. To strike out, the financial institution argued, would enable NAIC a second chew on the cherry—an abuse of course of.
The Federal Excessive Courtroom agreed and dismissed the swimsuit, prompting NAIC to move to the Courtroom of Enchantment.
Delivering the unanimous judgment of the Courtroom of Enchantment, Justice Abang held that NAIC’s enchantment was “grossly misconceived.”
He dominated that having seen the financial institution’s defence, NAIC tried to retreat and re-strategize “solely being sensible, believing that it might cunningly manipulate judicial proceedings to avoid wasting a swimsuit that seems weak and manifestly unsupported.”
He burdened that when a defendant’s counter-affidavit has been served, any withdrawal by the claimant should naturally result in dismissal, not putting out, to keep away from overreaching the respondent.
Justice Abang quoted with approval the trial courtroom’s earlier stance:
“Since points have been joined and the matter has beforehand been adjourned on a number of events, the right order to make on the appliance of the plaintiff is to dismiss the swimsuit.”
The Courtroom of Enchantment additionally questioned NAIC’s reliance on an alleged intervention by the Bankers’ Committee—a non-party that had earlier resisted being joined within the matter.
