The Supreme Court has set aside its earlier ruling which dismissed Guaranty Trust Bank’s (GTB) appeal against a N2.4 billion judgment in favour of Innoson Motors Nigeria Limited.

The apex court set aside its own decision on Friday while delivering judgment in an application by GTB seeking the re-listing of the appeal on the grounds that it was wrongly dismissed.

The apex court in reversing itself relied on Order 8 Rules 16 of the Supreme Court’s Rules that empowers it to set aside its decision in certain circumstances, like any other court.

Specifically, the five-member panel, led by Justice Olukayode Ariwoola, in a unanimous decision, held that the apex court erred in its ruling of February 27, 2019, wherein it erroneously dismissed GTB’s appeal with number: SC/694/2014 against the decision of the Court of Appeal, Ibadan, Oyo State.

The apex court, in the lead judgment written by Justice Tijani Abubakar, but read by Justice Abdu Aboki, claimed that it was misled by its Registry, which failed to promptly bring to the notice of the panel that sat on the case on February 27, 2019, that GTB had already filed its appellant’s brief of argument.

The apex court noted that had the panel that sat on the case on February 27, 2019, been notified of the existence of the appellant’s brief of argument, it would not have given the ruling which dismissed GTB’s appeal on grounds of lack of diligent prosecution.

The apex court justices explained that the court has powers to reverse itself where there is any reason to do so, especially where any of the parties had obtained judgment by fraud, default, or deceit; where such a decision is a nullity or where it is obvious that the court was misled into giving a decision.

According to the judgment, the circumstances of the GTB case fall into the category of the rare cases where the Supreme Court could amend or alter its own order on the grounds that the said order or judgment did not present what it intended to record.

“I am convinced that at the material time that the appellant’s appeal was inadvertently dismissed by this court, there was in place, a valid and subsisting brief of argument filed by the applicant.

“It will be unjust to visit the sin of the court’s Registry on an innocent, vigilant, proactive, and diligent litigant.

“It is obvious from the material before us, that there were errors committed by the Registry of this court, having failed to bring to the notice of the panel of Justices that sat in chambers on February 27, 2019, that the appellant had indeed filed its brief of argument.

“This is a case deserving of positive consideration by this court.

“Having gone through all the materials in this application, therefore, I am satisfied that the appellant/applicant’s brief of argument was filed before the order of this court made on February 27, 2019, dismissing the applicant’s appeal.

“The order dismissing the appeal was therefore made in error. It ought not to have been made if all materials were disclosed. The application is, therefore, meritorious and hereby succeeds,” the apex court held.

He proceeded to set aside the court’s ruling of February 27, 2019, dismissing GTB’s appeal and ordered that the appeal marked: 694/2014 “be relisted to constitute an integral part of the business of this court until its hearing and determination on the merit”.

Other members of the panel are John Okoro and Helen Ogunwumiju.

The Office of the Auditor-General of the Federation has indicted the Nigeria Port Authority (NPA), Nigeria Customs Service and 14 other Ministries, Departments and Agencies of Government (MDAs) over their failure to remit accrued revenue into the Federation accounts.

According to his 2019 audited report titled ‘OAuGF Annual Report on Non-Compliance/Internal Control Weakness Issues in Ministries, Departments and Agencies (MDAs) submitted to the National Assembly, the AuGf,   Mr Adolphus Aghughu , declared that the NPA, Nigeria Customs and other 24 Government agencies and parastatals committed these financial infractions in their 2019 financial transactions.

The NPA, in the report, was indicted over its failure to recover and remit N40.126 billion, $921.636 and £289,931.82 to the government’s treasury from various revenue sources in the 2019 financial fiscal year.

These were contained in 13 audit queries for the NPA signed by the Auditor-General and submitted to the National Assembly for further legislative action.

The report disclosed that an agreement signed between NPA and various terminal operators stated that, “a fixed annual payment of a sum as specified in the schedule be paid in 12 equal installments in each operating year.

 “The first installment to be paid on the first day of the month after the effective date and then, on the same date of every month thereafter.”

The report also stated that the terminal operators failed to comply with the lease agreements in terms of their obligations relating to the payment of fixed fees over the period, thereby holding back $852,093,730.77 and N1,878,560,509.57 that should have been remitted to the NPA for the period.

It stated further that estate tenants, shipping companies and service boats operating from the ports were hugely indebted to the NPA to the tune of $67.425 million and N32.266 billion outstanding as rent, shipping due and service boats.

The audit report further noted that sizeable percentages of the debts were non-performing or dormant due to a long period of non-settlement, leading to loss of revenue to the government and possible diversion of government revenue to unauthorised users.

The Audit report also queried the irregular payment for rehabilitation of Port Harcourt port road network and water distribution system to the tune of N1.847 billion, irregular payment for the restoration of power supply to Tin Can Island Port.

It frowned at the irregularity in the award of contract for the construction of delivery and commissioning of MDPE channel marking buoys in foreign currency, irregular payment for the supply for fire alarms communication and office equipment for Lagos port complex and irregular payment for the supply of fire alarms communication and office equipment for Ikorodu lighter terminal.

On Customs, the AuGF slammed the service for its failure to remit N125 billion into the Federation accounts.