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Linacres vs Access Bank
This is a Banker-Customer dispute that commenced before the Federal Capital Territory High Court Coram: U.P Kekemeke.J wherein the claimant challenged the Post-No-Debit (PND) and/or Freezing Order placed on its account domiciled with the Bank without an Order of court. pleadings were filed and exchanged and the matter proceeded to trial.
The learned trial judge acceded to the claimant’s reliefs and entered judgment in a whooping sum of N20,000,000.00 (Twenty Million Naira) only as exemplary damages.
1. THE EFCC HAS NO POWER TO DIRECT A POST-NO-DEBIT ON A CUSTOMERS ACCOUNT WITHOUT A VALID ORDER OF COURT.
2. A BANKER OWES A CUSTOMER A FIDUCIARY DUTY TO DISCLOSE RELEVANT INFORMATION TO THE CUSTOMER PERTAINING HIS ACCOUNT.
3. FAILURE TO HONOUR A CUSTOMER’S CHEQUE WHEN THERE IS SUFFICIENT FUNDS IN THE CUSTOMERS ACCOUNT AMOUNTS TO NEGLIGENCE ON THE PART OF THE BANK AND ATTRACTS DAMAGES AT LARGE.
4. THIRD PARTY PROCEEDINGS ARE A DISTINCT INDEMNITY PROCEEDINGS BETWEEN THE DEFENDANT AND THE THIRD PARTY.
5. A BODY CREATED BY STATUTE MUST ACT WITHIN THE CONFINES OF THE STATUTE CREATING IT.
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Indeed Mr. Anuga for the 1st respondent and Mr. Numa for the 2nd respondent are the correct state of affairs in matters such as the one at hand and in the light of the prevailing circumstances well settled
We are pleased to have received Mrs. Binta Audu; an indigent client our firm was privileged to represent Pro Bono in a criminal trial before the Federal Capital Territory High Court, Abuja on the charge of conspiracy to commit fraud, dishonest conduct and cheating with respect to a POS transaction that went bad, in our Abuja office on Friday the 24th day of June, 2022 on a thank you visit.