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Appeal Court Overrules Judgement Against Zenith Bank, Fines Real Integrated
After several months of legal tussle between Zenith Bank Plc v Real Integrated & Hospitality Limited and State Universal Basic Education Board (SUBEB) Gombe State, a three-man panel in the Court of Appeal sitting in Lagos led by Justice Muhammed Sirajo in Appeal No:CA/LAG/CV/262/2022 – have unanimously upturned the Lagos State High Court judgment of Justice O. O. Abike-Fadipe over claims that; on March 8, 2022, there was a breach of contract because on October 7, 2011, Zenith Bank refused Real Integrated to withdraw from its Account No. 1012465427. In her judgment, she directed Zenith bank to pay an interest of 15 per cent per annum on the N872,780,522.84 from May 17, 2011, when the advanced payment guarantees expired till judgment and thereafter at the rate of 10 per cent per annum until final liquidation
Through Zenith Bank’s team of counsel led by Prof. Fabian Ajogwu, SAN and Mr Sylva Ogwemoh, SAN, the bank challenged Justice O. O. Abike-Fadipe’s decision of awarding N2,500,000 as the cost of the action in favour of Real Integrated. The legal team via valid argument backed by proofs argued and sought an order setting aside the lower court decision on the ground that it acted in full compliance with its contractual obligations in line with the Advanced Payment Guarantee (APG) contract and that the trial court was wrong. The Court of Appeal, in a unanimous decision on November 23, agreed with the bank’s submission and resolved all the issues raised in its favour. It was gathered that; the 1st Respondent, through its Counsel, E.O Jakpa, argued that the bank breached the contract while SUBEB Gombe State did not contest the Appeal.
Apart from the appellate court setting aside the judgment of Justice Abike-Fadipe, the judge also awarded a cost of N200,000 against Real Integrated & Hospitality Limited and in favour of Zenith Bank. The appeal court further stated that the lower court judgment was upturned on the ground that the trial court was wrong to have presumed that the bank withheld the full account statement of Real Integrated in the light of Exhibit C6 (the comprehensive Statement of Account of Real Integrated), which was tendered by the bank for a limited purpose, adding that there was no need for the lower court to have invoked Section 167 (d) of the Evidence Act, 2011 against the bank.
The Rivers State Government has clarified that the withdrawal of Governor Siminialayi Fubara’s appeal at the Supreme Court regarding the 2024 budget does not affect the legitimacy of Rt. Hon. Victor Oko-Jumbo as the Speaker of the Rivers State House of Assembly.
The appeal, which challenged lower court rulings to represent the 2024 budget to the Martin Amaewhule-led Assembly, was deemed unnecessary and withdrawn by the governor.
In a statement issued on Monday in Port Harcourt, the Commissioner for Information and Communications, Warisenibo Joseph Johnson, explained that the appeal had become an academic exercise since the 2024 budget cycle had already concluded.
Johnson stated: “The 2024 budget became spent on the 31st December of 2024 fiscal year. The appeal is of no useful purpose. The only reasonable thing left to do is to withdraw the appeal and have it dismissed.”
He emphasized that the Supreme Court’s decision does not invalidate the legality of the Victor Oko-Jumbo-led Assembly, affirming that Oko-Jumbo remains the authentic Speaker. “The Supreme Court is a very busy court. It will be most unwise to belabour the Honourable Court with academic appeals without any practical or utilitarian value,” Johnson added.
He further dismissed claims by political opponents, stating: “That is the appeal that the urchins are celebrating. There is no Supreme Court judgment against Gov. Fubara, ignore the outdated political propaganda by some desperate politicians.”
Johnson reiterated: “Supreme Court ruled on the Appeal over the 2024 budget voluntarily withdrawn by Gov. Fubara because 2024 budget cycle have ended and no need wasting time discussing a budget that have been fully spent and implemented. Rt. Hon. Victor Oko Jumbo is still authentic speaker and nothing can change that.”
The clarification comes amid political tensions in the state, with the government reaffirming its commitment to upholding the rule of law and ensuring the stability of the legislative process under Speaker Victor Oko-Jumbo’s leadership.
The gunmen who abducted a former Director-General of the National Youth Service Corps (NYSC), Maharazu Tsiga, have reportedly demanded N250 million for his release, a family source revealed on Sunday.
Tsiga, a retired Brigadier-General of the Nigerian Army, was kidnapped from his home in Tsiga town, Bakori Local Government Area of Katsina State, on Wednesday, February 5, 2025.
The attackers also kidnapped several other residents as they raided multiple communities in the neighboring Kankara Local Government Area.
According to the family source, the kidnappers made contact on Friday, insisting on the ransom before negotiations could begin.
Confirming the incident, Katsina police spokesperson, Abubakar Sadiq, said officers responded to reports of an attack in Tsiga but arrived after the gunmen had fled.
“Unfortunately, before the arrival of the operatives, the hoodlums had already succeeded in their mission,” he said.
The attack left two residents injured, while one of the assailants was reportedly shot dead by his group.
Katsina, like other Northwestern states, has seen repeated attacks by criminal gangs who raid villages, abduct residents, and demand ransoms.
A federal lawmaker representing Bakori/Danja Federal Constituency, Abdullahi Balarabe, described Tsiga’s abduction as concerning and called on security agencies to intensify efforts to secure his release.
A former Minister of Special Duties and Inter-Governmental Affairs, Kabiru Turaki (SAN), has been arraigned before a Magistrate Court at Zone 2 in Abuja on allegations bordering on false marriage, adultery, among others.
Turaki pleaded not guilty when the First Information Report (FIR) was read to him in the dock on Thursday before the presiding Magistrate of Court 9, Abubakar Jega.
He insisted that the alleged offences are not true.
According to the FIR, the former minister is accused of “deceitfully inducing belief of lawful marriage, adultery by a man and criminal intimidation, contrary to sections 383, 387 and 389 of the Penal Code.”
The prosecution stated that the investigation of the case followed a petition dated August 9, 2024, received by the Deputy Inspector General of Police, Force FCID, Abuja.
It further stated that the investigation revealed that “you Barrister Kabiru Taminu Turaki (SAN), between December 2014 and August 2016, deceitfully cohabited Ms. Hadiza Musa Bafta at a hotel called Han’s Place.
“You also co-habited her at Ideal Home Holiday, Asokoro between August 2016 and November 2021.
“You hired a place for her at No. 12 Clement Akpagbo Close, Gauzape from November 2021 and made her believe you were married to her and continuously had sexual intercourse with her, which resulted to a baby girl.
“You abandoned Hadiza Musa Baffa with her only child and denied the paternity. You threatened to use your influence and position to terminate the lives of mother and child.
“You are thereby suspected to have committed the above offences.”
Shortly after Turaki:s arraignment, the prosecuting lawyer , Chijioke Okorie urged the court to set a date for the commencement of trial.
Turaki’s lawyer, A. I. Mohammed, who did not object to the prosecution’s request for a date for trial, applied for bail for the defendant on the grounds that he would be available whenever he is required to attend court.
Magistrate Jega granted bail to Turaki at N1million with two sureties in like sum.
He said the sureties must reside within the court’s jurisdiction and must provide evidence of the residences.
The magistrate then adjourned to March 11 for the commencement of trial.
