ALHAJI LAWAL SARKIN TASHA V. UNION BANK OF NIGERIA PLC.

BELGORE, J.S.C. (Delivering the Leading Judgment): The Agricultural Credit Guarantee Scheme Decree (now in Cap. 13 Laws of the Federation of Nigeria 1990) sets out clearly how the loan under the agricultural scheme was to be administered. The law empowers the minister responsible for the scheme to fix rate of interest from time to time. In the case of default by the borrower/farmer to pay the debt, s. 12 sets out the procedure for demand. But in case of suing to recover the loan, s.15 is very clear; it is the Board of the scheme that must be sued. Though the amendment to the Decree (now Act) in 1993 allows the bank to sue the debtor directly, this case arose before the amendment and at the time the suit was filed the Board was not sued. This is an incompetent action and the court ought not to have welcomed the suit, irrespective of being placed on the undefended cause list. The court is to decide on cases legally placed before it. This appeal therefore succeeds. The appeal is allowed,…