The defendants, in their preliminary objection, had argued that having taken benefit of the consent judgment, the bank could not turn around and ask the court to set it aside.
Mr Balogun, a Senior Advocate of Nigeria, argued that only the appellate court had the power to adjudicate on such matters at that level. He dismissed the N12 billion consent judgment granted by Justice Aikawa, noting that courts of coordinate jurisdiction cannot grant a consent judgment after a matter has been decided.
The late businessman wanted to use the facility to build luxury apartments to be known as Le Meridien Grand Towers in highbrow Ikoyi, Lagos.
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