"On the question of whether the subject matter or cause of the action of the suit borders on illegality disentitling the trial Court from entertaining it, the first port of call to direct this Court's enquiry is the provision of Section 1, sub-paragraph (3) of the Law which provides as follows: "Save as expected in Section 2 and in this Section, a person who lends money at interest or who lends a sum of money in consideration of a larger sum of money being repaid shall be presumed to be a money lender until the contrary be proved." This Section only raises a rebuttable presumption of money lending, which may be legal or illegal. It is clearly illegal where there is no license produced and the business would be declared illegal as in the instant case."

Per OHO, J.C.A. IN NNAMDI v. NDULUE & ORS CITATION: (2017) LPELR-43593(CA)