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Court Orders Defunct Diamond Bank to Pay Lawyer N25m for Freezing Account

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Justice Sybil Nwaka of the Lagos State High Court, Ikeja, has ordered the defunct Diamond Bank Plc to pay Adetokunbo Odutola, Lagos-based legal practitioner, N25 million as damages for unlawfully freezing  of his bank account.

Court Orders Defunct Diamond Bank to Pay Lawyer N25m for Freezing Account

The court held that the bank failed in its duty of care to Adetokunbo and was thus liable for the injury that arose .

The court held as unacceptable the bank’s contention that it froze the lawyer’s account on the Economic and Financial Crimes Commission’s (EFCC’s) instruction, noting that only a court could make such an order.

Justice Nwaka delivered the judgment in a suit marked LD/ADR/800/17 between Adetokunbo as sole claimant and defunct Diamond Bank as the sole defendant.

The suit originally involved three banks as defendants, but the first and third defendants settled with the lawyer out of court, leaving Diamond bank as the remaining defendant.

In his statement of claim, Adetokunbo, who represented himself, sought N25million against the bank as both special and general damages he incurred due to the bank’s “negligence and breach of duty of care.”

He averred that he “suffered embarrassment, hardship, disgrace and loss of income” following the unlawful freezing of his account.

In particular, the lawyer averred that a cheque he issued was rejected by the bank, his practice was financially affected and he had to resort to borrowing “N500,000 to repay N750,000” from a money lender.

The lawyer further stated that during the blockage, he was “engaged in a brief which would have earned him N10million,” but which he lost. But the bank, through its counsel, Olatunji Muritala, countered that the cheque was dishonoured on November 29, 2016 when it got a letter from the EFCC asking it to place a lien on the customer’s account.

It also challenged the claim for N25million on the ground that Odutola “failed to prove any economic loss suffered when his account was placed on Post No Debit (PND)”.

The defendant urged the court to dismiss the suit in its entirety and refuse all reliefs sought, with substantial cost against the claimant.

In her judgment of December 16, 2019, the judge upheld the lawyer’s claims.

Justice Nwaka held: “The bank went ahead to place PND on the account of the claimant on the instruction of the EFCC. The bank ought to have demanded from the EFCC an order of court to that effect.

“It is not in the power of the EFCC to authorise a PND on any customer’s account. The EFCC must not usurp the powers of a court of law. The duty of care owed the claimant by the second defendant (Diamond Bank) is nothing but breached.”

The judge said the bank’s inaction of not demanding for an order of court or an official letter authorising it to place PND on the claimant’s account,” amounts to negligence.


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E-Financial

CBN Launches New Website Today

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Central Bank of Nigeria (CBN) will today launch its newly redesigned website, www.cbn.gov.ng.

CBN Launches New Website Today

Mrs Hakama Sidi Ali, acting director, Corporate Communications, CBN, , made this known in a statement on Sunday in Lagos.

“We are pleased to announce the launch of our newly redesigned website (www.cbn.gov.ng), which will be operational on Monday, December 2, 2024.

“The redesigned website introduces a variety of new content, which encompasses a broader spectrum of information regarding the bank’s mandate.

“Additionally, the website is responsive to mobile devices, facilitating navigation across various web browsers and devices.

“The bank is grateful for the feedback provided by the public, which served as a valuable guide for our redesign endeavours,” she said.

Sidi Ali said the CBN was committed to developing and enhancing the website to facilitate communication.

“Please follow our different social media channels linked on the website’s home page for more updates,” she said.

 

 

 


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E-Financial

CBN to Penalize Banks for Failing to Address ATM Cash Shortages

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Central Bank of Nigeria (CBN) has warned that it will impose severe penalties on banks failing to address the ongoing cash scarcity at automated teller machines (ATMs).

Olayemi Cardoso, the CBN governor, issued the warning during the annual Bankers’ Dinner hosted by the Chartered Institute of Bankers of Nigeria (CIBN) on Friday.

The cash crunch has drawn public attention, with some Nigerians taking to X on November 13 to express frustrations over empty ATMs and reliance on point-of-sale (POS) operators. Two days later, the CBN directed banks to prioritise ATM cash disbursements and cautioned that penalties would be imposed on those enabling currency hawking.

“We also recognise the ongoing challenges with cash availability at ATMs, which disproportionately affect ordinary Nigerians,” Cardoso said. “To address this, we are conducting spot checks across deposit money banks, and we will impose penalties on underperforming institutions.”

The CBN governor announced measures to empower customers, starting December 1, 2024. “Customers are encouraged to report any difficulties with withdrawing cash from bank branches or ATMs directly to the CBN through designated phone numbers and email addresses for their respective states.

Guidelines will be distributed widely to raise public awareness. We will also urge full regulatory compliance by all stakeholders, including mobile money operators and POS agents, to promote digital transaction channels and improve service delivery.”

Cardoso reiterated that financial institutions engaging in malpractices or sabotage would face severe consequences.

“The CBN will continue to maintain a robust cash offering to meet the country’s needs, particularly during high-demand periods such as the festive season and year-end.”

On foreign exchange (FX) matters, Cardoso highlighted Nigeria’s missed opportunity for N6.2 trillion in potential revenue due to a less flexible FX regime.

“These funds could have significantly contributed to critical investments in education, healthcare, and infrastructure development,” he said.

The governor added that the apex bank is committed to rebuilding Nigeria’s economic resilience through targeted reforms. These include prioritising domestic refining capacity, promoting non-oil exports, and advancing technological innovations in the financial sector.


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E-Financial

CBN Governor Urges Nigerians to Stay and Rebuild Amid Economic Reforms

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Mr. Olayemi Cardoso,  Governor of the Central Bank of Nigeria (CBN) has urged Nigerians to reconsider leaving the country, popularly referred to as “Japa.”

He assured that the CBN is working toward creating an economy where everyone and every business can thrive.

Cardoso made this appeal in his keynote address at the 59th annual Bankers Dinner organized by the Chartered Institute of Bankers of Nigeria (CIBN) in Lagos.

“It is not a good idea to Japa at this stage,” he said, providing two key reasons for his stance. “One, those who may decide they are going to do that, they will sell and get rid of their assets. You’ll be doing it for cheap. Predators, who are outside looking for bargains, will come and take it and pocket it, put it in their pocket and wait for the turnaround and sell it away.”

Cardoso emphasized the importance of collective effort in rebuilding Nigeria. “Number two, you want to be part of the solution. You want to be part of the solution, and this is time that we need all hands on them. There are opportunities in the market today, which I must say, from my experience over the past year and also for the past six months, a lot of interest from the outside in what is going on in Nigeria.”

He pointed out that international investors see potential in the Nigerian market and urged citizens to take advantage of these opportunities. “In taking positions in certain assets, they see the opportunity, and we, who are here, should be part of the solution for the better things which will come.”

Acknowledging the hardship brought on by current economic reforms, Cardoso stressed that these measures are designed to address today’s challenges while securing a brighter future. “We are building an economy where every individual, every business, and every community can thrive,” he said.

He further highlighted the importance of collaboration in achieving this vision. “This vision will not be achieved by one institution alone. It requires all of us — banks, regulators, businesses, and citizens — to work together with steadfast resolve.”


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