Law
Minna High Court awards N12m against First Bank
From Naseer Al-sirajdeen Minna
.
A High Court sitting in Minna has awarded the sum of N12 million against First Bank of Nigeria as compensation for financial losses suffered by one its customers Messer MarketBridge Ltd in its trading business.
According to court documents sighted on Monday, in October 2017, MarketBridge invested the sum of N65, 000,000 in call deposit at 7 percent per annum with the Defendant.
On 25th November, 2019 the Plaintiff wrote to the bank to terminate the call deposit investment and effect three transfers of various sums of money to the account of Crown Flour Mills with the same bank.
First Bank acknowledged receipt of the customer’s instructions but refused to carry them out and provided no explanations on why it did so to MarketBridge.
After several unsuccessful efforts to get the bank to carry out its instruction, the Plaintiff hired the services of Messer Alheri Chambers to compel First Bank to come clean on the status of its N65 million investment with the bank.
After so much pressure from Alheri Chambers and escalation of the matter to the Consumer Protection Department at Central Bank of Nigeria, First Bank verbally claimed that the N65, 000, 000 investment was not in its books and that the funds were fraudulently converted to personal use by its then Tunga Branch Minna branch, Mr. Daniel Achi. He was alleged to had converted the funds for personal investment but failed to payback before the malpractice was discovered, a situation which the Bank claimed that they cannot be held liable for the misconduct. Contrary to industry practice, the bank avoided writting correspondence on the matter and resort to verbal communication.
According to the Judgement paper, about 36 days after MarketBridge issued instruction for termination of its call deposit and transfer of part thereof, on 31st December, 2019 the Defendant deposited the sum of N74,885,342. 47 into the account of the Plaintiff without any explanation or apology.
The High Court Judge, Justice Bilikisu Yusuf Gambo while delivering her judgement said that First Bank ought to put in appropriate measures to protect its customers deposit and to prevent unauthorized access to a customer’s account by its staff adding that every bank or financial institution must provide adequate facilities to prevent all kinds of fraud from being perpetrated into its customers’ accounts.
“Banks must also provide sophisticated software to monitor internal operation of the bank by its staff”, she said. The judge therefore ruled that “The Defendant is to pay the sum of N10, 000,000 to the plaintiff as general damages, the sum of N1, 500,000 to the Defendant being solicitors’ fees and pay the Plaintiff the sum of N500, 000 as cost of litigation.” The court also ruled that “the Plaintiff is entitled to a letter of apology from the Defendant for not carrying out the Plaintiff’s instruction regarding the Plaintiff’s funds as at the time of request.” she ruled
Law
EFCC Grants Bail to Two Kogi Officials, wants Yahaya Bello’s Fraud Case adjurned
The Economic and Financial Crimes Commission (EFCC) has granted administrative bail to two co-defendants, Umar Oricha and Abdulsalami Hudu, in a fraud case involving former Kogi State Governor, Yahaya Bello. The case, centered on charges of fraud totaling N101.4 billion, has been adjourned until November 27, 2024, by the Federal High Court in Abuja.
At the hearing before Justice Maryann Anenih, EFCC Counsel Jamiu Agoro requested an adjournment, noting that the 30-day compliance period for Bello’s summons, issued on October 3, had not yet expired. Agoro explained that the November 20 court date was inconvenient for the prosecution, and that seeking an arrest warrant would be premature as Bello still had a few days to respond to the summons.
Both the second and third defendants’ legal representatives supported the adjournment request.
Following this, Justice Anenih approved the EFCC’s request, extending the deadline for Bello’s appearance and authorizing service of the hearing notice to be sent to his last known address.
In a parallel development, the Federal Capital Territory (FCT) High Court in Maitama ordered a hearing notice to be posted at Bello’s residence on Benghazi Street, Wuse Zone 4, Abuja, and on the court’s notice board.
This step follows multiple missed court appearances by Bello since the public summons was issued, urging him to appear for arraignment on 16 counts related to the alleged fraud.
Justice Anenih emphasized the importance of due process, setting November 27, 2024, as the final date for Bello’s court appearance. This case has drawn attention to the EFCC’s efforts to enforce accountability among high-profile figures in Nigeria amidst allegations of large-scale financial mismanagement.
Law
Appeal Court Sacks MC Oluomo as NURTW National President, Reaffirms Baruwa’s Leadership
In a significant development, the Court of Appeal has annulled the appointment of Musiliu Akinsanya, popularly known as MC Oluomo, as the National President of the National Union of Road Transport Workers (NURTW).
The ruling upheld a previous ruling by the National Industrial Court, which had already recognized Tajudeen Baruwa as the rightful leader of the union.
The legal dispute surrounding the NURTW’s leadership has been ongoing, with tensions escalating within the organization.
Despite the court’s ruling in favor of Baruwa, MC Oluomo was recently elected by the Southwest Zone of the union during the Quadrennial Delegate Conference held last week in Osogbo, Osun State.
This election took place amid growing concerns and disputes within the union’s regional factions.
The Appeal Court’s decision is expected to settle the leadership question, restoring Tajudeen Baruwa’s position as the legitimate National President of the NURTW.
However, the union faces potential challenges in maintaining unity across its various regional branches, as supporters of MC Oluomo continue to advocate for his leadership.
This ruling marks a pivotal moment for the NURTW, as it works to stabilize its governance and address internal divisions that have led to several controversies and disputes over recent years.
Law
Supreme Court Rejects States’ Legal Challenge to EFCC’s Constitutionality
The Supreme Court of Nigeria has thrown out a lawsuit brought by several state Attorneys General challenging the constitutional validity of the Economic and Financial Crimes Commission (EFCC). The case, led by Kogi State, questioned the EFCC Act, arguing that it bypassed constitutional requirements regarding international treaties.
The seven-member panel, headed by Justice Uwani Abba-Aji, ruled unanimously to reject the lawsuit, deeming it without merit. Kogi State’s counsel, Mohammed Abdulwahab, SAN, argued that the EFCC Act’s incorporation of the United Nations Convention Against Corruption was unconstitutional, as the law had not received approval from a majority of state Houses of Assembly, as required by Section 12 of the 1999 Constitution. This, he claimed, invalidated the EFCC Act and similar anti-corruption laws.
The plaintiffs also contended that the EFCC and NFIU lacked the authority to investigate state or local government funds, accusing the agencies of encroaching on state powers. Abdulwahab sought a court ruling to nullify the creation of these agencies, arguing it would prevent a potential constitutional crisis.
Attorney General of the Federation, Lateef Fagbemi, SAN, defended the EFCC, asserting that dismantling Nigeria’s anti-corruption agencies would harm the nation’s efforts to combat financial crimes. He argued that the National Assembly has the authority to create laws applicable nationwide to address corruption.
The court ultimately upheld the EFCC Act, ruling that the National Assembly’s legislative powers on corruption are valid and enforceable across all states. Justice Abba-Aji noted that Kogi’s revelations about state officials being investigated exposed ulterior motives behind the lawsuit, describing it as an attempt to shield certain officials.
“No state has the right to enact laws that contradict the statutes passed by the National Assembly,” Justice Abba-Aji said, delivering the judgment. The court dismissed the suit in its entirety, reaffirming that the EFCC Act and other federal anti-corruption laws remain constitutional and enforceable across Nigeria.
-
Crime1 year ago
Police nabs Killer of Varsity Lecturer in Niger
-
News10 months ago
FCT-IRS tells socialite Aisha Achimugu not to forget to file her annual returns
-
Appointment1 year ago
Tinubu names El-Rufai, Tope Fasua, others in New appointments
-
News From Kogi1 year ago
INEC cancells election in 67 polling units in Ogori-Magongo in Kogi
-
News From Kogi1 year ago
Echocho Challenges Tribunal Judgment ordering rerun in 94 polling units
-
News1 year ago
IPOB: Simon Ekpa gives reason for seperatists clamour for Biafra
-
Metro8 months ago
‘Listing Simon Ekpa among wanted persons by Nigeria military is rascality, intimidation’
-
News10 months ago
Kingmakers of Igu/ Koton-Karfe dare Bello, urge him to reverse deposition of Ohimege-Igu