Unlawful freezing of account: Court issues bench warrant against Police DIG, bank manager

By: Yejide Gbenga-Ogundare

Justice Mohammed A. Jibril of the Upper Area Court of Nasarawa State has issued bench warrant for the arrest of the Deputy Inspector-General of Police (DIG), Force CID, Area 10, Garki Abuja to compel his appearance before the court in a suit delineated UAC/KAR/20/2023 which was filed Emeka Ozoani Esq. (SAN) and Grace U. Agbai, Esq in a case between the DIG and two others; a commercial  Bank and Osareme Vera Archibong.

The case bordered on allegations by a customer that her account domiciled in Lagos was frozen by an order obtained by the Police in the Magistrate Court sitting in Nasarawa state.

The court in furtherance also issued a bench warrant for the arrest of the Manager of the bank to compel his appearance before it.

The court held that ” having listened to the Learned silk Emeka Ozoani Esq. SAN and Grace U. Agbai, Esq. for the 2nd Respondent/Applicant, I have the cause to peruse through the Criminal and Civil Upper Area Court 1 Karu Complaint books and the record of this Court but I found it extremely difficult to lay my hands on this order sought to be set aside.

“I shall order the Applicant/Respondent in the order sought to be vacated who is the Deputy Inspector General of Police, Force CID, Area 10, Garki Abuja, the 1st  Respondent; Access Bank Plc and the Manager, Access Bank Plc who executed the order to produce before me the order sought to be vacated and I so hold,” the court ruled.

The court consequently adjourned the matter till March 14, 2023, for hearing.

In a similar suit delineated UAC/KAR/21/2023, the court held that “I shall order the Applicant/Respondent in the order sought to be vacated who is the Deputy Inspector General of Police, Force CID, Area 10, Garki Abuja, the 1st Respondent; Standard Chartered Bank Plc and the Manager, Standard Chartered Bank Plc who executed the order to produce before me the order sought to be vacated and I so hold.

“I shall in furtherance to this issue bench warrant for the arrest of the Manager, Standard Chartered Bank Plc to compel his appearance before me and I so hold,” the court ordered.

In his arguments, counsel to the second respondent, Emeka Ozoani (SAN) said “Nigerians over the years have agonisingly lived with cases of police and banks freezing their accounts by an order albeit illegally sought by the police and granted by the magistrate Court.

“The law is clear that only the Federal High Court has the vires to make a freezing order. See the CBN Act, 2007 and the Currency (Freezing Orders) Act, 1971.

“The resort by The Nigerian Police to the repealed English Evidence Bankers Act 1879 is Unlawful and abuse of state power. See ONAGORUWA VS. IGP (1991)5 NWLR (Pt. 189) 593 CA Tobi JCA as he then was.

“To add insult to the sensitivity of customers, the banks usually fail to verify and satisfy itself that the said order was genuine and emanated from a court of competent jurisdiction, failure of which the bank is in breach of its duty to the customer,” he argued.

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