Esther Nwafor, Yenagoa
The High Court of Bayelsa State in Nigeria has ruled in favor of Passman Akpos, the CEO of Tarakirivoice Newspaper Enterprise, in a lawsuit against the United Bank for Africa (UBA), led by Tony Elumelu.
The court awarded Akpos N30 million in damages, declaring that UBA’s actions in restricting his account without a court order were unlawful and a breach of contract.
Akpos had filed a lawsuit against UBA, claiming that the bank had restricted his account without a valid court order, causing him financial loss and emotional trauma.
According the judgement the bank had relied on a motion on notice to justify the restriction, but the court ruled that this was not sufficient and constituted a breach of Akpos’s fundamental rights.
Justice Charlie Ebiyon Duke, who presided over the case, granted several prayers in favor of Akpos, including
a declaration that UBA’s conduct in restricting his account without a court order was unlawful and a violation of his rights.
Justice Duke also gave an order directing UBA to pay N20 million in general damages for breach of contract and violation of Akpos’s fundamental rights, an order directing UBA to pay N5 million in exemplary damages and
an order directing UBA to pay N5 million in costs.
The judgement reads in part: ” From the fact, evidence, and arguments of the parties before me I have distilled a lone issue for determination to wit:whether the claimant has proved his case to be entitled to the relief south
A glossary look at Exhibit C7 shows that Exhibit C6:was never set aside. However, the Defendant decided to rely on suit No FHC/YNG/CS/388/2024 Exhibit C2 a motion on notice served on her to continue the restriction on the claimant’s account.
” This is a clear violation of the claimant rights, breach of fiduciary duty and the Defendant did not act in good faith. per Onyemenam, J.C.A in FCMB PLC v. Coinage Global Service (2024) LPELR- 62670 (CA) (of. 37-38 Paras.A) clearly articulated the nature of the bank customer relationship:
” The claimant is entitled to damages for the gross misconduct and inexplicable conduct of the Defendant. It is perplexing that the Defendant would choose to disregard a valid court order and instead act on a mere court process to maintain the restriction on the claimant’s account.
” Such conduct cannot be condoned at the altar of justice. Accordingly, the prayers of the claimant are hereby granted as follows:
1. A declaration that the Defendant conduct/act of placing a restriction on the claimant’s Account Number 2055105538 -AKPOS PASSMAN without an order of court is unlawful, illegal and a violation of the Claimant’s fundamental rights.
2. A Declaration that Defendant refusal to allow the Claimant have access to his funds in account number: 2055105538-AKPOS PASSMAN during the period the Defendants placed a restriction on the said account constitutes a fundamental breach of contract that exists between the Claimant and the Defendant.
3. An order directing the Defendant to pay the Claimant the total sum of N20,000,000.00(Twenty million Naira) only as general damages for breach of the contract and violation of the claimant’s fundamental rights.
4. An order directing the Defendant to pay the Claimant the total sum of N5,000,000.00 (five million Naira) only as exemplary damages.
5. the sum of N5,000,000.00 (Five million Naira) only as the cost of this suit.”