Wema Bank Plc has been threatened about a looming court ruling and sanctions over the refusal of one of its outlets in Ibadan, Oyo State to honour a customer cheques, valued at N420,000....CONTINUE READING
Following this, the Bank has been commanded to within 30 days after the service of the of writ inclusive of the day of such service, cause an appearance to be entered in a suit by plaintiffs, Ayodele Adigun and Ardis Ventures Limited…..CONTINUE READING
The writ filed at the High Court, Ibadan and issued by Olumuyiwa Abimbolu, Counsel to plaintiffs take warned that in case of default by defendant, the claimants may proceed and judgment may be given in its (defendant) absence.
Abimbolu said the writ is to be served within six calendar months from the date thereof, or if renewed, within three calendar months from the date of last renewal including the day of such date and not afterwards.
“The Defendant may enter appearance personally or by legal practitioner either by including in the appropriate forms, duly completed, at the registry of the High Court of the Judicial Division in which the action is brought or by sending them to the Registry by registered post” the Counsel said.
The writ reads in part:
Whereof the Claimants claim against the Defendant as follows:
“Declaration that the refusal of the Defendant to honour the two cheques of the Claimants in the value of Twenty Thousand Naira and Four Hundred Thousand Naira respectively that were presented to the Defendant on February 9th, 2023, for payment at its branch at New Ife Road, SDP Secretariat Junction, New Ife Road, Ibadan, issued in the name of Idowu Eluyefa and Ayodele Adigun due to the directive of the Central Bank of Nigeria is in violation of the contractual obligation of the Defendant to the Claimant and Section 34(1) of the 1999 Nigeria Constitution that confers on the Claimant freedom from inhuman and degrading treatment.
“Declaration that any statutory law that the Defendant, may rely upon to put restriction on the accounts of the Claimants with the Defendant as to the amount of money that can be withdrawn from their account will be in conflict with Section 34(1) of the 1999 Nigeria Constitution that confers on the Claimants’ freedom from inhuman and degrading treatment and it will be null and void by virtue of Section 1(3) of the 1999 Nigeria Constitution.
“Declaration that the Defendant have committed crime against humanity that is exclusively within the jurisdiction of the International Criminal Court, Hague, Netherland, for putting restriction on the account of the Claimants with the Defendant as to the amount that can be withdrawn from the account.
“The 1st Claimants’ claims the sum of One Hundred Million Naira only and severally from the Defendant, as aggravated damages for their unlawful conduct and breach of banking contract and for putting restriction on the account and the amount that can be withdrawn from his account.
“The 2nd Claimant claims the sum of One Hundred Million Naira from the Defendant as aggravated damages for its unlawful conduct and for breach of contract and for putting restriction on the account of the 2nd Claimant with the Defendant as to the amount that can be withdrawn from its account.
“And order of this honourable court that the Chief Registrar of this honourable court should forward the record of proceeding to the Chief Prosecutor of the International Criminal Court, Hague, Netherlands, to deal with the crime against humanity that the Defendant have committed against the Claimants.
The writ also indicated that the claim is for debt or liquidated demand only, the indorsement, “even though not special, must strictly comply with the provisions of O 5 r. 4, including a claim for four days cost.”
The Claimants stated that the Defendant may pay the amount with costs to the Claimants’ legal practitioner within the time allowed for appearance and upon such payment the proceedings shall terminate.
The writ listed that witness on oath and indicated:
I, AYODELE ADIGUN, male, adult, Christian, Nigerian citizen, retired Permanent Secretary and Secretary to the Government of Oyo State, of House 9, Road 13, P.D.C.O.S Estate, General Gas, Akobo, Ibadan, at about 10.00 am, do hereby make oath and state as follows:
1.That I am the 1st Claimant in this suit, and a customer of the Defendant and have account number 0120683271 at the Wema Bank Branch at New Ife Road, SDP Secretariat Junction, New Ife Road, Ibadan, of the Defendant.
2.That I am also the Managing Director of the 2nd Claimant.
3.That the 2nd Claimant is a limited liability company and it has its office behind Obat House, Alakia, Ibadan, Oyo State.
4.That my company, the 2nd Claimant is also a customer of the Defendant and has account number 0120682638 at the Wema Bank Branch at New Ife Road, SDP Secretariat Junction, New Ife Road, Ibadan, of the Defendant.
5.That on 9th February, 2023, I issued a cheque in the sum of Twenty Thousand Naira (₦20,000.00) in the name of Idowu Eluyefa, a staff of mine, and drawn against my account at Wema Bank Branch at New Ife Road, SDP Secretariat Junction, New Ife Road, Ibadan, but the Defendant did not honour the cheque, even though a substantial credit balance was in the said account, which was in excess of the sum of Twenty Thousand Naira, the value of the cheque.
6. That as a result of the Defendant’s refusal to allow me withdraw money from my account, I lost a business deal to purchase a tractor from Natholab Nig. Ltd of Bodija, Ibadan. The deposit of Two million Naira towards the purchase of the tractor failed due to the breach 1of banking contract by the Defendant, as I was not allowed to enter the Wema Bank Branch at New Ife Road, SDP Secretariat Junction, New Ife Road, Ibadan, of the Defendant on 9th February, 2023.
7.That the 2nd Claimant on 9th February, 2023, issued a cheque in the sum of Twenty Thousand Naira in the name of Idowu Eluyefa, a staff of the 1st Claimant, and drawn against the account of the 2nd Claimant with the Defendant, but the Defendant did not honour the cheque, even though the credit balance in the account of the 2nd Claimant with the Defendant was in excess of the sum of Twenty Thousand Naira, the value of the cheque. Another cheque in the sum of Four Hundred Thousand Naira, drawn in my name against the account of the 2nd Claimant with the Defendant, was similarly not paid by the Defendant.
8.That a staff of the Defendant at the Wema Bank Branch at New Ife Road, SDP Secretariat Junction, New Ife Road, Ibadan, where the two cheques were presented for payment informed Mr. Idowu Eluyefa, the payee whose name appeared on one of the cheques, that the directive of the Central Bank of Nigeria restricting the amount that can be withdrawn on an account is responsible for the refusal of the Defendant to honour the two cheques.
9.That the 1st and 2nd Claimants were unable to carry out their financial obligations to their staff and customers.
10.That the Defendant was in breach of its contractual obligation to the 1st and 2nd Claimants to honour their cheques that were presented to it on February 9th, 2023, when the credit balance in the accounts of the Claimants can accommodate the value of the cheques and the directive of the Central Bank of Nigeria that the Defendant relied upon in not honouring the cheques of the Claimants that were presented to it for payment on February 9th, 2023, is in violation of Section 34(1) of the 1999 Constitution of the Federal Republic of Nigeria, as Amended up to date, that confers on the Claimants freedom from inhuman and degrading treatment.
11.That the directive of the Central Bank of Nigeria that the Defendant relied upon on 9th February, 2023, in not honouring the cheques of the Claimants for Twenty Thousand Naira and Four Hundred thousand Naira respectively, that were presented to it for payment at its Wema Bank Branch at SDP Secretariat Junction, New Ife Road, Ibadan, cannot be sustained under the provisions of the 1999 Nigerian Constitution or any other statute that the Defendant may rely upon in support of the directive, which is null and void by virtue of Section 1(3) of the 1999 Nigerian Constitution.
12.That the refusal of the Defendant to honour the cheques of the Claimants that were presented to it on February 9th, 2023, at Wema Bank Branch at SDP Secretariat Junction, New Ife Road, Ibadan, for payment due to the directive of the Central Bank of Nigeria not to honour cheque with the value of Twenty Thousand Naira and Four Hundred Thousand Naira respectively had subjected the Claimants to financial embarrassment and emotional embarrassment and the Defendant had committed crime against humanity, that is exclusively within the jurisdiction of the International Criminal Court of Hague, Netherland.
13.That the act of the Defendant in refusing to honour the cheques of the Claimants that were presented to it on February 9th, 2023, for payment constitutes unlawful conduct, breach of contract, and the directive of the Central Bank of Nigeria relied upon in not honouring the cheques of the Claimants constitutes unlawful conduct and unlawful act.
14.That the 1st Claimant operate a palm plantation at Lagun Village, Lagun, Lagelu Local Government of Oyo State, consisting of five hundred acres of palm trees, and employed 37 people as farm attendants, palm-oil processors, tractor operators, security guards etc and all receiving salaries, wages emoluments, totaling One Million, Six Hundred Thousand Naira per month.
15.That some of the workers are daily paid, weekly paid, bi-monthly paid and monthly paid.
16.That thirty of the workers are paid in cash, as they don’t operate any bank account, as a result of the non-availability of cash from the Defendant, the 1st Claimant was put in serious stress and turmoil in the month of February, 2023, looking for cash to pay the staff wages.
17.That the stress and turmoil led to the 1st Claimant developing a heart condition, that took him to First Cardiology Consultants at Thompson Avenue, Ikoyi, Lagos, where he was operated upon and pace maker, which was done at the cost of over Four Million Naira, (₦4,000,000) was inserted into his heart, to upgrade his pulse rate on the 15th day of March, 2023.
18.That the 1st Claimant will at the trial rely on the doctor’s report and the receipt of payment for the operation, and pictures taken at the hospital.
19.That the 1st Claimant will rely at the trial of this suit on the following documents:
i. 1st Claimant’s patient medication form dated 16/3/2023 from First Cardiology Consultants, Ikoyi, Lagos
ii. 1st Claimant’s Appointment card – wound dressing and follow up for 20/3/2023
iii. Nurses’ notes and discharge summary and referral for dual chamber pace maker, which was done at the cost of over Four Million Naira, (₦4,000,000) on 15/3/2023
iv. The evidence of Dr. Olusegun Oshin, Chairman, First Cardiology Consultants, Thompson Avenue, Ikoyi, Lagos.
20.That the 1st Claimant claims the sum of One Hundred Million Naira from the Defendant as aggravated damages for breach of banking contract with it.
21.That the 2nd Claimant claims the sum of one Hundred Million Naira from the Defendant as aggravated damages for breach of banking contract with it.
22.That I swear to this affidavit in good faith believing the contents to be true and in accordance with the Oaths Law of Oyo State.
Similarly, the writ contained witness statement on oath, which stated:
I, DOCTOR OLUSEGUN OSHIN, male, adult, Christian, Nigerian citizen, Chairman, First Cardiology Consultants, Thompson Avenue, Ikoyi, Lagos, at about 10:00 am do hereby make oath and state as follows:
1.That I am a cardiologist and Chairman of First Cardiology Consultants, Thompson Avenue, Ikoyi, Lagos.
2.That I know the 1st and 2nd Claimants in this suit.
3.That on 15th March, 2023, the 1st Claimant was operated upon, and a pace maker, which was done at the cost of over Four Million Naira, (₦4,000,000), was inserted in his heart to ensure the regular breathing of his heart.
4.That on 21st March, 2023, he came to our hospital for dressing of his wound at the same First Cardiology Consultants hospital at Thompson Avenue, Ikoyi, Lagos.
5.That the pulse rate of the 1st Claimant became low, due to the stress and turmoil he went through, as a result of the Defendant denying him access to his money in its bank.
6.That if the 1st Claimant had not received the pace maker, which was done at the cost of over Four Million Naira, (₦4,000,000), on 15th March, 2023, he might have died.
7.That the Counsel to the 1st and 2nd Claimants, Olumuyiwa Abimbolu, Esq., told me, and I verily believe him, that what the Defendant did amounts to breach of banking contract.
8.That the Defendant ought to be ordered to pay substantial damages for breach of contract.
9.That I swear to this affidavit in good faith conscientiously believing the same to be true and correct in accordance with the Oaths Law of Oyo State of Nigeria…..CONTINUE READING
