The Federal High Court in Lagos has ordered 27 commercial banks in the country, to place Post-No-Debit on the accounts of a tourism outfit, ‘La Campagne Tropicana Beach Resort’, for an alleged N46, 798, 095.94m, debt in the interim.
The banks ordered to comply with the order are Access Bank Plc, Ecobank Nigeria Plc., First Bank of Nigeria Plc, First City Monument Bank Plc, Guaranty Trust 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.
Justice Akintayo Aluko made the order of mareva injunction and many more, on May 17, 2023, while granting an exparte motion marked FHC/L/CS/746/2023, filed and argued by George Duru, the counsel to Ecobank Nigeria Limited and ETI Specialized Resolution Company Limited.
Duru had dragged the tourism company and its promoter, Dr Olawale Akinboye, listed as the first and second defendants in the suit, before the court in a bid to recover an unpaid debt of N46, 798, 095.94m
He consequently 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 N46,798,095.94m, pending the hearing and final determination of the motion on Notice filed along herewith.
“An interim order of mareva injunction compelling the banks listed above to hold and preserve the funds of the first and second defendants in their accounts to the tune of N46, 798, 095.94m, pending the hearing and determination of the Motion on Notice filed alongside herewith.
“A Post No Debit (PND) order over funds/monies in 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, 095.94m, 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 Court directing the Plaintiffs to serve the enrolled order of the 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 that: “The court having heard Duru, who moved in terms praying it to grant the reliefs sought as endorsed on the motion paper.
“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. 94m, 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 hold and preserve the funds of the first and second Defendants in their accounts to the tune of N46,798,095.94m, pending the hearing and 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 situated 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.
Justice Aluko adjourned the matter to June 1, 2023, for hearing of plaintiffs’ Motion on Notice.
