Lorem ipsum dolor sit amet, consectetur adipiscing elit. Test link

Fidelity Bank Loan

Fidelity Bank Loan
Fidelity Bank loan

Fidelity Bank MD, Onyeali-Ikpe, Secretary's jail sentence update: Bank gets 'back-door' Judgment, pays judgment creditor

 



In a bizzare circumstance, the Chief Magistrate Court sitting in Ikeja, Lagos has vacated its ruling that convicted and sentenced the Managing Director and Company Secretary of Fidelity Bank Plc to six weeks in prison or a fine of Four Hundred Thousand Naira respectively for contempt.


The Chief Magistrate, Mr. Lateef Owolabi vacated the order in a Suit No: MIK/4726/22 between Justin Ahmed, (judgement creditor),  Prince Enabulele Osazee, (judgement debtor) and Fidelity Bank Plc, (1st Garnishee/Applicant).

The Court had on Monday 6th February, 2023, sentenced the Managing Director of Fidelity Bank, Nneka Chinwe Onyeali-Ikpe and the Secretary of the bank, Ezinwa Unuigboje to six weeks imprisonment over disobedience of a garnishee order of court restraining the bank from allowing a judgment debtor access to his account.


In the main suit, Magistrate Owolabi had given judgment on October 13, 2022 in favour of the plaintiff, Jibrin Ahmed who sued the defendant over the payment of N2.8 million he made to the defendant for the purchase of a Toyota Corolla car.


However, in a rather bizzare circumstance at the resumed proceedings on the matter on Feb 15, 2023, the court reverses itself by vacating the committal order on the premise of facts presented before the court that the alleged acts of contempt were not deliberate but arose out of communication gap between the said parties and the erstwhile counsel. The court in its ruling also stated that the error or sin of the counsel should not be visited on a party or litigants. The court also noted that the monies which was the subject matter and fulcrum of the contempt proceedings has since been paid to the judgment creditor.


Saying; “From the materials presented before this court by the applicant, this application falls within the classic rule where the error or sin of the counsel should not be visited on a party or litigants. Moreover, the applicant has averred that the monies subject matter, the fulcrum of the contempt proceedings had since been paid to the judgment creditor. Having fully discharged this payment to the satisfaction of the judgment creditor, this court should not be seen to cry more than the bereaved”, Mr Lateef Owolabi held.


 The solicitor to the bank also explained that Fidelity Bank, being a law abiding institution that will never or under any circumstance, directly or indirectly denigrate the integrity of the nation’s judiciary, had upon receipt of the garnishee order nisi on December 22, 2022, conducted a search immediately, and the result showed several accounts bearing similar names to the Judgment Debtor's (Prince Enabulele Osazee). To prevent the bank from erroneously restricting the wrong account, the bank filed an affidavit requesting additional account details to enable it ascertain the correct account(s) to restrict.


He further stated that, on January 16, 2023, the bank received the Judgment Creditor's affidavit showing the account number of the Judgment Debtor. Armed with the correct account number, the bank immediately identified and placed a lien on the Judgment Debtor’s account. Unfortunately, during the intervening period, the judgement debtor had carried on depositing and withdrawing from his account.




In vacating the order on February 15,2023, the Chief Magistrate held that based on the materials before the court, the applicant has been able to tether the law to the facts to warrant the grant of the relief sought on their own strength and not based on lack of opposition.

Post a Comment

© Society Radar. All rights reserved. Developed by Jago Desain