The judgment by the Court of Appeal, Lagos Division in RCN Networks Ltd & Alhaji Si-Nuraini A. Abiola v. Guaranty Trust Bank Plc has reignited a debate on the classic legal principle that justice must not only be done but must also be seen to be done.
Judgment in the appeal numbered CA/L/888/14 was delivered on June 18.
The case stemmed from Guaranty Trust Bank’s (GTB) effort to recover a debt of N970 million through the enforcement of a Tripartite Legal Mortgage over RCN’s Ikoyi property, backed with a personal guarantee by Alhaji S.A Abiola (the second appellant).
The Federal High Court ruled in GTB’s favour in 2014.On appeal, the appellants challenged the validity of the mortgage deed, claiming forgery.
Although this issue was not part of the original appeal, the Court allowed its inclusion in amended grounds.
GTB responded by seeking to adduce additional evidence, including exonerating reports from the Police Special Fraud Unit and a judgment by Justice Ashade (Lagos High Court), which dismissed similar forgery claims as baseless and afterthoughts.
Despite the unopposed admission of fresh evidence and prior court rulings dismissing forgery allegations, the Court of Appeal criticised the Federal High Court for deciding based on affidavit evidence without oral testimony.
It concluded that the authenticity of the mortgage deed, once challenged, rendered the lower court’s ruling defective.
Critics argue the Court of Appeal erred by disregarding police findings, the prior High Court judgment, and established exceptions allowing documentary resolution of affidavit conflicts.
They said the Appellate Court also overlooked potential forum shopping and abuse of the court process by the appellants who filed multiple overlapping suits.
This judgment has raised concerns about inconsistency in appellate review, particularly its failure to engage with all evidence and prior judicial pronouncements.
Critics view it as undermining legal certainty and the principle that justice must be seen to be done.
An analyst pointed out: “There were documents before the Court of Appeal, Lagos in rebuttal of the forgery allegation of the appellants.
“Curiously, the Court of Appeal faulted those relevant documents, vis- the police reports exonerating the respondent bank and the judgment of a competent court of law discharging the respondent bank’s officials in the ‘forgery Charge’.
“Flowing from the above exposition, is it not a mystery why the Court of Appeal Lagos did not pronounce on the resultant actuation of forum shopping flowing from the multiple suits by the appellants, being a species of abuse of judicial process. See Mailantarki V. Tongo & Ors (2017) LPELR-42467(SC)
“In the words of Harriet Jacobs (1813 – 1897) an American Abolitionist & Author: ‘There are wrongs which even the grave does not bury.’
“Justice must not only be done but must also be seen to be done.”
Source; The Nation News
