Justice Akintayo Aluko of the Federal High Court, in Lagos has ordered 27 commercial banks in the country, to placed Post-No-Debit (PND) on the accounts of a tourism company, ‘La Campagne Tropicana Beach Resort’ over alleged N46, 798, 095.94 .
The judge, made the order of Mareva injunction on May 17, 2023, while granting an Exparte motion marked FHC/L/CS/746/2023, filed and argued by Barrister George C. Duru, on behalf of Ecobank Nigeria Limited and ETI Specialized Resolution Company Limited
The Court ordered the affected banks to comply with the order.
The Banks are First Bank of Nigeria Plc, First City Monument Bank Plc, Jaiz Bank Plc., Wema Bank, Keystone Bank Plc, Polaris Bank Plc, Stanbic Ibtc Bank, Standard Chartered Bank Plc, Sterling Bank Plc, and Union Bank of Nigeria.
Others include: United Bank for Africa Plc, Zenith Bank Plc, Globus Bank Plc, Titan Bank Plc, Providus Bank Plc, Fidelity Bank Plc, Unity Bank Plc Lotus Bank Limited, Heritage Bank Plc, Tajbank Limited, Citibank Nigeria Limited, Kuda Micro Finance Bank, Momo Payment Service Bank and Opay Digital Service, and Access Bank Plc
The Applicant (Duru) had dragged the tourism company and its promoter, Dr. Olawale Akinboye, listed as first and second defendants in the suit, before the court in a bid to recover alleged unpaid debt of N46, 798, 095.94
He asked the court for the following reliefs; “An Interim Order Of Mareva Injunction restraining the first and second defendants, whether by themselves, agents, proxies, privies or any other person acting on their behalf from withdrawing,transferring, transacting and dealing in any manner howsoever with any monies/funds in their accounts with the banks listed above up to the sum of N46,798,095.94, pending the hearing and final determination of the motion on Notice filed along herewith.
“An Interim Order Of Mareva Injunction of this Honourable Court compelling the banks listed above hold and preserve the funds of the first and second Defendants in their accounts to the tune of N46, 798, 095.94 million, pending the hearing and determination of the Motion on Notice filed alongside herewith.
“A Post No Debit (PND) Order over funds/monies ir any accounts linked to the Bank Verification Number {BVN} of the first and second defendants with the bank: listed above to the tune of N46, 798, 095.94 , pending the hearing and final determination of the Motion on Notice filed alongside herewith.
“An Order directing the above-mentioned banks to file their affidavit of compliance with the order made herein within 14 days of receipt of the order.
“An order of the Honourable Court directing the Plaintiffs to serve the enrolled order of the Honourable Court and the other Originating Processes filed in the suit at their address situate at La Campagne Tropicana Beach Resort Ikegun Off Lekki – Epe Express Way, Lagos.”
Ruling on the Exparte motion application, Justice Aluko held “the court having heard G.C.Duru, Esq., who moved in terms praying it to grant the reliefs sought as endorsed on the motion paper.
“And the court having delivered its ruling in the open court granted the following reliefs: “It is hereby ordered as follows: “That an Interim Order of mareva injunction restraining the first and second defendants whether by themselves, agents, proxies , privies or any other person acting on their behalf from withdrawing, transferring, transacting and dealing in any manner howsoever with any monies/funds in their accounts with the banks listed above up to the sum of N46,798,095. 94 million, pending the hearing and final determination of the motion on Notice filed along herewith is hereby granted.
“That an Interim Order of mareva injunction compelling the banks listed above to held and preserve the funds of the first and second Defendants in their accounts to the tune of N46,798,095.94, pending the hearing and determination of the Motion on Notice filed alongside herewith is thereby granted.
“That a Post No Debit (PND) order over funds/monies in any accounts linked to the Bank Verification Numbers {BVN} of the first and second Defendants with the banks listed above to the tune of N46, 798, 095.94, pending the hearing and final determination of the Motion on Notice filed alongside herewith is hereby granted.
“That an Order directing the above-mentioned banks to file their affidavit of compliance with the order made herein within 14 days of receipt of the order is hereby granted.
“That an Order directing the Plaintiffs to serve the enrolled order of the Honourable Court and the other Originating Processes filed in the suit on the Defendants at their address situate at La Campagne Tropicana Beach Resort Ikegun Off Lekki -Epe Express Way, Lagos is hereby granted.
“That the plaintiffs/applicants shall file an undertaking to indemnify the Defendants/Respondents.”
The court also made an order directing the 27 banks to file their affidavit of compliance with the order within 14 days.
Consequently, Justice Aluko adjourned the matter till June 1, 2023 for hearing of plaintiffs’ Motion on Notice.
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