Facts:

In 2015, Diamond Bank Plc (now Access Bank) obtained a judgment in the sum of ₦26.2 billion against Robert Dyson & Diket Limited, the late Chief Sonny Odogwu, and others in Suit No. FHC/L/CS/1633/2014. Dissatisfied with the decision, the defendants lodged an appeal and several related suits also arose from the transaction. While these matters were pending, the parties entered into a Settlement Agreement and an Addendum under which Diamond Bank agreed to accept the sum of ₦12 billion in full and final settlement of the judgment debt. On 11th October 2019, the agreement was adopted as a consent judgment in Suit No. FHC/L/CS/156/2017 before Justice Aikawa of the Federal High Court.

In 2021, Access Bank, as successor to Diamond Bank, instituted another action, Suit No. FHC/L/CS/1955/2021, contending that the Federal High Court lacked jurisdiction to enter the consent judgment because it effectively compromised an appeal that was already pending before the Court of Appeal. On 5th August 2022, Justice Saidu of the Federal High Court agreed with Access Bank and set aside the consent judgment on the ground that it was a nullity.

The defendants, dissatisfied with that decision, appealed to the Court of Appeal. In the course of the appeal, Access Bank as first respondent applied for leave to raise and argue a fresh issue of law, for extension of time to file its Respondent’s Notice and Brief of Argument, and for the processes already filed to be deemed properly filed. The bank explained that the delay in filing was due to the inadvertence of its counsel. The appellants opposed the application, insisting that Access Bank was attempting to change its case on appeal by raising, for the first time, the issue of the validity of the settlement agreement, which had not been canvassed at the trial court.