Ratio Decidendi

Per Mohammed, JSC, in Union Bank of Nigeria Plc v. Sogunro & Ors (2006) NLC-123-124-2001(SC) at p. 15; Paras A–D:

"The right of appeal under section 241(1)(d) and (f)(i) of the 1999 Constitution is reserved for an appellant who is in pursuit of the exercise of his Fundamental Rights under Chapter IV of the Constitution or whose personal liberty is in issue in the decision of the High Court being appealed against to the Court of Appeal. This right would have been available to the respondent if his Ex-parte application had been refused by the trial court warranting his desire to appeal. Certainly the appellant which is not complaining of any breach of its Fundamental Rights or its personal liberty from the decision of the trial court, cannot file a ground of appeal of fact alone or of mixed law and fact to support its appeal to the Court of Appeal against the decision of the trial court granting leave to the 1st respondent to enforce his Fundamental Right in exercise of its discretion."

Explanation / Scope

Appeal rights under section 241(1)(d) and (f)(i) are for fundamental rights claimants, not for banks challenging leave. The principle applies to appellate practice.

Cases Applying This Principle