Court Orders Banks To Unfreeze Accounts Of Energen Oil And Gas, Applause Global Services; Awards N300 Million In Damages
Justice M. A. Savage of the Lagos State High Court has ordered four commercial banks to immediately unfreeze the accounts belonging to Energen Oil and Gas Limited, and Applause Global Services Nig, Ltd.
The court also restrained the banks either by themselves, any of its officers or privies however so called from placing a lien, restriction and /or post no debit on any of the applicants’ accounts domiciled with any of the banks without any lawful justification.
The banks are, Providus Bank, Globus Bank Ltd, Zenith Bank Plc, and Access Bank Plc.
Specifically, in a notice of consequences of disobedience to order of court (Form 48), addressed to the Chief Executive Officer of Providus Bank Limited, Walter Akpani, the court states “Take notice that unless you purge yourself of the contemptuous act of your refusal to lift the lien/restriction/Post-No-Debit placed on the Accounts of the Applicants herein, as ordered by this Honourable Court on the 11th Day of July 2024, by Honourable Justice M.A. Savage, you shall be guilty of contempt of court and will be liable to be committed to prison.”
The court gave the order upon reading the Originating Motion on Notice dated June 25, 2024, and brought pursuant to Order 2 Rules 1, 2, 3, 4 and 5 of the Fundamental Rights (Enforcement Procedure) Rules, 2009; Sections 44(1); 33(1) and 46 of the 1999 Constitution (As Amended); Article 4 & 14 of the African Charter on Human and Peoples Right and under the inherent jurisdiction of this court.
After hearing counsel appearing for the applicant, Abayomi Alagbada, who moved the application, the court ordered the respondents to immediately lift the Lien/Restriction/Post-No-Debit and accordingly allow the applicants to operate and have full access to their bank accounts, namely: Account No. 1305009826, Energen Oil and Gas Ltd, Providus Bank Ltd; Account No. 5403840987, Applause Global Services Nigeria Ltd, Providus Bank Ltd; Account No. 1000272578, Applause .
Others are Global Services Nigeria Ltd, Globus Bank Lid; Account No. 1610745192, Applause Global Services Nigeria Lid, Access Bank Plc; Account No. 1310306228, Energen Oil and Gas Lid, Zenith Bank Plc maintained by the Applicants with the Respondents respectively.
Also, the court ordered the 1st respondent (Providus Bank Limited) to immediately allow the applicants’ beneficiaries, to wit: Fadima Talo Global Enterprise, 5400875119, Providus Bank Ltd; Noorie Global Multi-Trade, 5401867467, Providus Bank Lid; Emirates Financial Services Ltd, 5401338846, Providus Bank Ltd; Billish of Life Global Concept, 1304931632, Providus Bank Ltd; Ahmedgajo Automobile Services Ltd, 5401100001, Providus Bank Ltd; Twins of Life Global Link, 1304935984, Providus Bank Ltd; Ay Inversora Nig Enterprise, 5401354639, Providus Bank Ltd among others.
Justice Savage also ordered each of the respondents to pay the sum of N100, 000,000.00 in favour of the applicants as damages for the Illegal and unlawful Lien/Restrictions /Post-No-Debit placed on the Applicants accounts without justification.
Besides, the court ordered the respondents to pay N20,000,000.00 as cost of action.
The matter has been adjourned to October 16, 2024 for hearing.
