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.