The Providus–Unity Merger: Appellate Powers, Substantive Justice And Commercial Certainty

Introduction

The effectiveness of judicial adjudication depends not only on the determination of legal disputes but also on the capacity of courts to grant relief that gives practical effect to their decisions. This consideration is particularly important in corporate litigation, where unresolved disputes may affect transactions, shareholder interests, and commercial relationships extending beyond the immediate parties. Section 22 of the Supreme Court Act¹ confers broad powers on the Supreme Court to determine the real question in controversy on appeal and make consequential orders where appropriate. Furthermore, the Court’s decision in Suleiman Abubakar and Mohammed Goni Modu v Providus Bank Limited and Others,² brings this remedial dimension of appellate jurisdiction into focus. By dismissing the appeal challenging the merger between Providus Bank Limited and Unity Bank Plc and proceeding to sanction the transaction directly, the Court demonstrated the potential for appellate