A Legal Practitioner, Ikedi Agunkwu, Esq., has filed a lawsuit against First Bank of Nigeria, Plc for freezing his law firm’s bank account.
The Lawyer, filed the lawsuit at the High Court, Owerri, Imo State in Suit Number: HOW/571/2023 (IKEDI AGUNKWU, ESQ. VS. FIRST BANK OF NIGERIA, PLC), a copy of the Writ of Summons, personally prepared and signed by him was sighted by Legaldeskng
Agunkwu is praying the Court for the following reliefs.
(a) A DECLARATION that there is a contractual relationship between the Plaintiff and the Defendant, in that the Plaintiff is a customer of the Defendant.
(b) A DECLARATION that the freezing of the Plaintiff’s Law Firm’s Bank Account Number: *******861 with Bank Account Name: IKEDI AGUNKWU CHAMBERS without an order of a competent Court is unlawful and flagrant breach of the contractual obligations to which the Defendant owes to the Plaintiff in banker-customer relationship.
(c) AN ORDER directing the Defendant to pay to the Plaintiff the sum of N500,000,000.00 (Five Hundred Million Naira Only) as general damages for breach of contract.
(d) AN ORDER directing the Defendant to defreeze the Plaintiff’s Law Firm’s Bank Account Number: *******861 with Bank Account Name: IKEDI AGUNKWU CHAMBERS, forthwith.
(e) AN ORDER of perpetual injunction restraining the Defendant, its agents, staffers, privies, howsoever described from further freezing the Plaintiff’s Law Firm’s Bank Account Number: *******861 with Bank Account Name: IKEDI AGUNKWU CHAMBERS or any other Plaintiff’s Bank Account without an order of a competent Court.
In the Statement of Claim, the Plaintiff avers that he is a customer of the Defendant, and the owner and user of the First Bank of Nigeria’s Bank Account Number *******861 with Bank Account Name: IKEDI AGUNKWU CHAMBERS. The Plaintiff further avers that the aforesaid Bank Account Number is the Plaintiff’s Law Firm’s Bank Account wherein the Plaintiff opened in the name of his Law Firm which is IKEDI AGUNKWU CHAMBERS.
The Plaintiff stated that the Defendant sent a text message to his Mobile phone number on the 5th day of May, 2023 at about 5:57pm, which reads: “Kindly visit any First Bank Branch with your SCUML Certificate to update your account and avoid restrictions. Please call Firstcontact- ***500 for more info.”
Agunkwu avers that after reading the said text-message he was surprised and the said text-message has caused him harassment and embarrassment, taking cognizance of the Judgment of the Court of Appeal of Nigeria in CBN VS. NBA & ANOR CA/A/202/2015 which had excluded Legal Practitioners in Nigeria from being subject to SCUML, and the aforesaid Judgment has not been set aside by the Supreme Court of Nigeria.
Agunkwu states that at a particular point in time, he became ill and desired to go to a Pharmacy shop for Pharmaceutical tablets, but he had no money with him. He duly headed to the Defendant’s branch office at Amakohia, Owerri, Imo State on the 11th day of May, 2023 at about 10:30am to withdraw his own money via his cheque slip. He presented the cheque slip to the Defendant’s cashier, the cashier scribbled a note on a piece of paper which reads: “Please check Reason for HAFSM”, and stapled same on the withdrawal cheque slip, and directed him to go upstairs to meet one …………(F), another Defendant’s staff. The Plaintiff duly went and met the staff and gave her the withdrawal cheque slip. She logged into the Defendant’s computer/server and informed the Plaintiff that his Bank Account Number: *******861 had been frozen by the Defendant due to the Plaintiff’s failure to provide a SCUML Certificate to the Defendant.
Agunkwu avers that he was further harassed, embarrassed and inconvenienced by the conduct of the Defendant, and that worsened his ill-health as he could not withdraw his hard-earned money for use.
Agunkwu vehemently states that the process to which his Law Firm’s Bank Account was frozen amounts to a breach of contract in that there is no order of a competent court directing the Defendant to freeze his Law Firm’s Bank Account. The negligent conduct of the Defendant with impunity has negatively affected the Plaintiff’s Legal Practice and Consultancy. He stated that he was not afforded the opportunity of fair hearing and was not served with any court process.
Agunkwu reiterates that the Defendant froze his Law Firm’s Bank Account Number: *******861 without an order of a competent court, thereby denying him access, use and enjoyment of his hard-earned money gotten from Legal Practice and consultancy. He stated that he is not a politician and he is not a member of any political party.
Agunkwu states that the Defendant’s unbridled conduct has caused him harassment, embarrassment, disappointment, inconvenience, shock, mental and psychological stress.
The Plaintiff states that the Defendant treated him as if he were a fraudulent customer to it. The Plaintiff further states that the Defendant ought to channel its energy to fraudulent customers, terrorism financiers, money launderers, scammers, fraudsters and corrupt politicians by reporting the suspected criminals to EFCC and other security agencies for the good of the Federal Republic of Nigeria.
Agunkwu states that he developed unparalleled likeness for the Defendant because of its reliability right from when he was a Law student at the prestigious Faculty of Law, University of Jos, Jos, Nigeria in that he opened his individual Bank Account at the Jos Main Branch of the Defendant, and still operates same till today. As a Lawyer, he opened his Law Firm’s Bank Account with the Defendant.
The lawsuit was adjourned to 5th day of October, 2023 for hearing.