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CORPORATE AFFAIRS COMMISSION V. UNITED BANK FOR AFRICA PLC & ORS

(2016) JELR 41090 (CA)

Court of Appeal  •  CA/L/443A/2014  •  30 Mar 2016  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Appearances
O. O. ADELEYE WITH HIM, O. V. IWEZE For Appellant OYENIYI SODIMU WITH C.N. OMEKE FOR 1ST RESPONDENTPROF. TAIWO OSIPITAN (SAN) WITH HIM, DAMILOLA SALISU FOR 2ND RESPONDENTFRED ONUOBIA FOR 3RD RESPONDENTAYOOLA AJAYI WITH HIM, JOHN EDAGIE AND FEMI IDOWU FOR 4TH RESPONDENTA. OLALERU WITH HIM, L.IBITAYO FOR 5TH RESPONDENTEVELYN OBIOHA (MISS) WITH, EHIOMA-UBEZE (MISS) FOR RESPONDENT For Respondent

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, Lagos Division, coram IDRIS J. delivered on the 18th day of March, 2013.

The brief facts of this case as put forward by the Appellant is that the Appellant, as the regulatory body established as per the Companies and Allied Matters Act, Cap C20, Laws of the Federation of Nigeria, 2004 and in purported exercise of powers conferred on it by Section 7 of the Act, wrote to various commercial banks requesting them to furnish to the Appellant records of all loan transactions and documentation between the banks and public and private companies in Nigeria between 1st January, 2008 and 31st December, 2010. The Respondents however failed to comply with the demand on the ground that compliance would be a breach of their confidentiality duty to their customers and also that the Appellant had failed to obtain an order of Court in this regard.

In its judgment,…

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