Justice O.O. Abike-Fadipe of the Lagos State High Court in Ikeja has fined Union Bank of Nigeria for converting Nicon Investment Limited’s £130.7 million fixed deposit to offset the loan obtained by Global Fleet Oil and Gas Limited.
Global Fleet and Nicon Investment are companies owned by popular businessman and Senator representing Ondo South Senatorial District, Mr Jimoh Ibrahim.
The court, while giving judgement in suit LD/1074/2010 filed by Nicon Investment against Union Bank, ordered the lender to pay £1 million as damages for the “breach of its fiduciary duties to the claimant and negligence,” dismissing the bank’s counterclaim in its entirety with N10 million costs.
According to the judgement, “The defendant bank’s unilateral use of part of the claimant’s £130,720,557.06 to liquidate Global Fleet’s debt without the mandate and/or due authorisation of the claimant is wrongful, null and void.”
It held that, “Union Bank Plc ceases to have the power to pursue the alleged indebtedness upon the sale of the said alleged indebtedness to Asset Management Corporation of Nigeria (AMCON).”
But Union Bank, in a statement, disagreed with the judgement of the court, pledging to appeal the case at the appellate court.
“We wish to assure our customers, partners, and the public that Union Bank operates with the highest levels of professionalism, ethical conduct, and legal compliance in all our dealings.
“While we respect the authority of the court, we strongly disagree with the judgment delivered and have instructed our lawyers to file an appeal against it immediately.
“The court’s findings, including its position on the consolidation of indebtedness, locus standi, and third-party liability, are at variance with established legal principles and the bank’s understanding of the facts. We are confident in our legal position and intend to vigorously pursue all lawful avenues to ensure that justice is served.
“Union Bank had previously transferred the relevant debt obligations to AMCON, and we maintain that all actions taken in this regard were in line with applicable laws and banking practice.
“We reiterate our unwavering commitment to acting in good faith, protecting stakeholder interests, and preserving the integrity that has defined our institution for over a century. The
Bank remains resilient and focused on continuing to deliver excellent service and value to its customers.
“We appreciate the continued trust and support of all stakeholders as we navigate this legal process,” the statement signed by the company’s Chief Brand and Marketing Officer, Mrs Olufunmilola Aluko, said.
Business Post reports that Union Bank used the £130,682,918.93 fixed in Union Bank by Nicon Investment to clear the loan taken by Global Fleet.
Nicon Investment challenged this action in court, saying this was unlawful because the bank was not authorised to do so.
The investment firm informed that it suffered significant damages due to the bank’s actions, including other illegal charges and wrongful penalties, which deprived it of the opportunity to utilise the funds for property business and expansion.
But Union Bank argued that, “Both companies’ accounts were treated as related accounts with the knowledge and consent of both companies.”
The court agreed with Nicon Investment that Union Bank’s unilateral conversion of the funds “from the claimant’s fixed deposit account to US Dollars without the due authorisation and/or mandate of the claimant is wrongful, null and void,” emphasising that, “The pounds sterling fixed deposit account of the claimant is not tied to the indebtedness of Global Fleet and/or meant in any way or manner whatsoever to provide security for the said debt.”