Connect with us

Banking

Court Orders Bank to Pay Customer N85m Over Invalid Post-No-Debit Order

Published

on

Go to court

By Modupe Gbadeyanka

A popular commercial bank has been directed by Justice S. U. Bature of a High Court of the Federal Capital Territory (FCT) Abuja to pay one of its customers, Abhulimen & Co, the sum of N85 million as damages for an invalid post-no-debit (PND) order obtained from a Magistrate Court to freeze its account.

Delivering the judgement, the court held that it was wrong for the financial institution to freeze the account of its customer without notification, stressing that the order relied on to carry out the action was invalid as the Magistrate Court had no jurisdiction over the matter.

According to the judge, the legal department of the lender, manned by lawyers, should have advised the company on the legal implication of the action.

“The legal department of the first defendant, being lawyers, should have been aware of this position of the law and taken the appropriate action in this situation, as they ought not to have obeyed the court order in the first place.

“Thus, the first defendant was wrong to have placed a PND on the account of the claimant based on the order of a court lacking the requisite jurisdiction to do so. I so hold,” the judge held.

Justice Bature further ruled that, “It is the humble opinion of this court that, the 1st defendant owed the claimant a duty of care of duly informing her that her account had been frozen.

“The first defendant placed a Post-No-Debit on the account of the claimant’s firm, but same was not communicated to the claimant until she encountered difficulties in the use of the said account.

“It is the humble opinion of this court that, the first defendant owed the claimant a duty of care of duly informing her that her account had been frozen.

“The failure of the first defendant to inform the claimant of the state of affairs on her account amounts to negligence on the part of the first defendant and hence, a breach of duty of care and due diligence owed to the claimant. I so hold.”

As a result, the judge ordered the bank and the Nigeria Police Force (NPF), which was joined in the matter, to “pay the sum of N60 million to the claimant as general damages for the embarrassment, psychological trauma, financial distress, emotional stress and grave inconveniences suffered by the claimant due to the defendants’ actions.”

They are also to “jointly and severally pay the sum of N25 million to the claimant as cost of this action” and must the bank and must publish a public apology to the customer in two national newspapers and on its website.

It was gathered that Abhulimen & Co filed a suit marked FCT/HC/CV/2194/2024 before the court through Mr Paulyn Abhulimen (SAN), claiming that in March 2024, Zenith Bank froze the account domiciled in its Abuja branch based on an order the NPF secured from a Chief Magistrates Court in Mararaba Gurku, Nasarawa State.

Modupe Gbadeyanka is a fast-rising journalist with Business Post Nigeria. Her passion for journalism is amazing. She is willing to learn more with a view to becoming one of the best pen-pushers in Nigeria. Her role models are the duo of CNN's Richard Quest and Christiane Amanpour.

Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Banking

Toxic Bank Assets: AMCON Repays CBN N3.6trn, Still Owes N3trn

Published

on

AMCON headquarters

By Modupe Gbadeyanka

About N3.6 trillion has been repaid to the Central Bank of Nigeria (CBN) by the Asset Management Corporation of Nigeria (AMCON) since its inception in 2010.

This information was revealed by the chief executive of AMCON, Mr Gbenga Alade, during a media parley to update the press on the activities of the agency.

Mr Alade said at the moment, the organisation still owes the central bank about N3 trillion for toxic assets of banks in the country.

He praised the organisation for its asset recovery drive, stressing that when compared with others across the world, Nigeria has done well.

“It is important to stress that the corporation has done tremendously well, especially when compared to other notable government-owned Asset Management Corporations around the world.

“Based on the balance at purchase, AMCON outperformed other Asset Management Corporations all over the world by achieving over 87 per cent in recoveries despite the unique challenges associated with debt recovery in Nigeria.

“The Malaysian Danaharta, which is adjudged one of the best performing Asset Management Corporation’s, only achieved 58 per cent. The Chinese Asset Management Corporation, despite its stricter laws, achieved just 33 per cent.

“Only the Korean Asset Management Corporation (KAMCO), South Korea, has achieved more recoveries than AMCON, with about 100 per cent. This was due to their brute force with which they chased the obligors.

“Despite KAMCO’s recovery records, the agency is still operational to date with slight realignments in its mandate.

“Other noted Asset Management Corporations that have transitioned into a perpetual institution of the various governments include, China Asset Management Company, Federal Deposit Insurance Corporation (FDIC) USA, and KFW Germany.

“So, gentlemen, without sounding immodest, AMCON has done well, and we will not relent until all the outstanding debts are fully realized,” Mr Alade stated.

On the financial performance of AMCON, he said last year, the firm posted a revenue of N156.25 billion and operating expenses of N29.04 billion, while for the 2025 fiscal year should be a revenue of N215.15 billion and operating expenses of N29.06 billion.

Continue Reading

Banking

The Alternative Bank Opens Effurun Branch in Delta

Published

on

The Alternative Bank Effurun

By Modupe Gbadeyanka

One of the non-interest banks in Nigeria, The Alternative Bank (AltBank), has opened a new branch in Effurun, Delta State.

The new office will serve the Edo-Delta region and provide purposeful banking and real financial empowerment for individuals, entrepreneurs, and businesses, a statement from the firm stated.

The lender disclosed that the Effurun branch is a bold move in its mission to reshape banking in Nigeria.

The launch was graced by key dignitaries, including the Ovie of Uvwie Kingdom, Emmanuel Ekemejewa Sideso Abe I; the Chairman of Uvwie Local Government, Anthony O. Ofoni, represented his vice, Andrew Agagbo; and the Special Adviser to the Governor of Delta State on Community Development, Mr Ernest Airoboyi; amongst others.

The Divisional Head for South at The Alternative Bank, Mr Chukwuemeka Agada, emphasised the institution’s commitment to Warri and its surrounding communities.

“By establishing a presence here, we are initiating a transformation in the way banking serves the people of Delta. Our purpose-driven approach ensures that customers’ financial goals are not just met but exceeded,” he stated.

“This branch represents our pledge to empower Warri’s dynamic businesses and families, providing them with the tools to grow without compromise,” Mr Agada added.

“We understand the heartbeat of this community, and we are excited to integrate our bank into the fabric of this dynamic region,” he stated further.

On his part, the representative of the Ovie, Mr Samuel Eshenake, challenged the bank to facilitate development and employment within the Effurun community.

The Regional Head for Edo/Delta at The Alternative Bank, Mr Akanni Owolabi, embraced this challenge, pledging that the bank will work sustainably to drive local commerce.

“At The Alternative Bank, we are committed to being an active partner in the development of Effurun. We see this branch as a catalyst for creating opportunities, driving employment, and supporting the growth of local businesses.

“Our mission is to empower this community, ensuring that every step forward is one of progress, prosperity, and shared success.”

Continue Reading

Banking

Payattitude, PAPSSCARD to Co-brand Payment Card

Published

on

Payattitude PAPSSCARD Payment Card

By Aduragbemi Omiyale

A partnership aimed to enable seamless, real-time and secure transactions for cardholders across Africa and the rest of the world has been entered into by Payattitude and PAPSSCARD, the card scheme initiative of the Pan-African Payment & Settlement System (PAPSS).

The collaboration will allow Payattitude cards issued by banks and other deposit-taking institutions to be co-branded with PAPSSCARD, Discover, Diners and Pulse for acceptance across their networks in Nigeria, Africa and worldwide.

As an initiative of the African Export-Import Bank (Afreximbank) and a key financial infrastructure supporting the African Continental Free Trade Area (AfCFTA), the PAPSSCARD scheme will facilitate instant cross-border payments in local currencies.

“This partnership reflects our commitment to cross-enterprise alliances and enabling inclusive, efficient, and borderless payments across Africa and the world

“With Payattitude, Nigerian cardholders and financial institutions can now enjoy the benefits of a Nigerian card that can be used worldwide,” a director at Payattitude, Dr Agada Apochi, said.

The acting chief executive of PAPSSCARD, Mr John Bosco Sebabi, said the aim is “to connect African payment ecosystems, reduce the cost and inefficiencies of cross-border payments, and strengthen African sovereignty over payments infrastructure.

“Collaborating with Payattitude, a key innovator in Nigeria’s payment space, represents a significant step towards a more unified African payment landscape.”

The chief executive of PAPSS, Mr Mike Ogbalu, said, “By bringing together PAPSSCARD’s robust cross-border payment capabilities with Payattitude’s leadership in the Nigerian digital payments, we are taking tangible steps toward building a single African market where individuals and businesses can transact easily and securely, both within and beyond Africa.”

Payattitude is the first-in-kind Nigerian Payment Scheme to pioneer multibank App and USSD Code *569#.

Continue Reading

Trending