MERCHANTS BANK LTD V. FEDERAL MINISTER OF FINANCE

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NIGERIAN SUPREME COURT CASES [1961] N.S.C.C.

The questions referred to us in this case do not involve any interpretation of the

Constitution, but its application merely. Chief Rotimi Williams has stated before

us that the questions referred do not raise the real issue he wished this Court to

decide. The question he wished the Court to decide is the scope and meaning of

the word "charged" in section 21(2), (4) and (5)(b) of the Second Schedule to the

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Nigeria (Constitution) Order in Council, 1960. The point was dealt with at some

length in the decision of the High Court which made a definite finding on it, but it

was not one of the questions submitted in the reference. This Court is limited in

its answers to the questions referred to it, and will not allow questions to be re-

framed so as to turn them into different or additional questions.

As we are of the opinion that the questions put to us do not arise under section

108(2) of the Constitution we shall send the matter back to the High Court of the

Northern Region for it to proceed with the appeal before it.

Ademola, C.J.F.: I concur.

Brett, F.J.: I concur.

Unsworth, F.J.: I concur.

Taylor, F.J.: I concur.

Reference struck out.

MERCHANTS BANK LTD V. FEDERAL MINISTER

OF FINANCE.

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MERCHANTS BANK LTD

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APPELLANT

V

FEDERAL MINISTER OF FINANCE

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RESPONDENT

SUIT NO. FSC 197/1961

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FEDERAL SUPREME COURT.

ADEMOLA,

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C.J.F.

MBANEFO,

BRETT,

UNSWORTH,

TAYLOR,

27th October, 1961.

C.J.E.R.

F.J.

F.J.

F.J.

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Constitutional Law - Nigeria (Constitution) Order in Council, 1954, Sixth Schedule,

Clause 5 (L.N.228I1959) - Determination of Civil rights - Licence to engage

in

Banking - Revocation by Minister acting under Administrative Powers -

Whether Banking Licence a "Civil Right" within the meaning of clause 5 of

Sixth Schedule, Nigeria (Constitution) Order in Council, 1954.

Banking - Licence - Nature of Licence to engage in Banking - Right or Privilege

- Revocation - Banking Ordinance, Cap.19 Section 3(1), 3(5)(h)(11), 14.

ISSUES:

1.

VVhether a licence to engage in the business of banking under the Banking

Ordinance is a "Civil Right" within the meaning and context of the Sixth Schedule

to the 1954 Constitution.

2.

Whether a Minister has the right to revoke a Banking licence, under the provision

of section 14 of the Banking Ordinance without recourse to the court.

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