Rivers High Court Dismissed Suit Filled By UBA Bank Customer Over Freezing Of His Account

A Rivers State High Court sitting in Port Harcourt has dismissed a suit filed by one OKONKWO FABIAN-CHIKODI against the United Bank of Africa, UBA PLC over the freezing of his bank account.

OKONKWO FABIAN-CHIKODI had approached the court seeking an order reversing the action of the commercial bank, amongst other reliefs.

However, the trial judge, Justice STEPHEN JUMBO held that the bank acted lawfully and constitutionally, since it acted in obedience to an order of the court of law and therefore not liable.

Justice JUMBO further held that a bank has a constitutional duty to obey and enforce all orders of court under Section 287, subsection (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) until such order is set aside.

The Court also held that the constitutional duty of a bank to enforce court orders supersedes, overrides and displaces the duty the bank owes to its customer.

Justice JUMBO declared that it was not the duty of a bank in receipt of Post-No-Debit (Freezing) order from a court of law on a customer’s account to determine its validity or otherwise before obeying of enforcing the order.

The insisted that a bank after confirming that a Post-No-Debit (Freezing) Order was made by a Court of law, is bound to obey and enforce same.