Recall that the Lagos Division of the Court of Appeal had in 2014 referred to the apex court the appeal in Mainstreet Bank Ltd (now Skye Bank Limited) vs Victor Anamem Iwu seeking a resolution of the substantial question of law on finality of decisions of the NIC.
The Skye Bank appeal was consolidated with another related appeal, Coca-Cola Nigeria Limited vs Mrs Titilayo Akinsanya in which the Court of Appeal Lagos Division held that there is no general right of appeal for a litigant against the decision of the NIC except as limited in Section 243(2)-(4) of the 1999 Constitution (as amended).
The issue of ‘finality’ of the decisions of NIC had generated a lot of controversy in the legal profession, among litigants, employees, employers of labour and the academia resulting in conflicting decisions by the Court of Appeal in various divisions, with several appeals awaiting the outcome of the decision of the Supreme Court on the vexed issue.
The conflicting decisions of the Court of Appeal arose mainly in their interpretation of Sections 240 and 243 (1-4) of the 1999 Constitution (as amended) by the 3rd Alteration Act of 2010. The 3rd Alteration had promoted the NIC from the status of an inferior court to a superior court of records having the same powers like a High Court. Section 240 of the Constitution listed the NIC as one of the courts from which an appeal can rise from their decisions to the Court of Appeal.’
You can download the judgement below
Skye Bank Plc V. Anamem Iwu 1