A Federal High Court sitting in Lagos has awarded ₦7 million in damages against Access Bank Plc for unlawfully freezing the account of a customer, Ms. Ifeoluwa Bridget Oluwasesan, in violation of her fundamental human rights.
Delivering judgment on Monday, Justice Ayokunle Faji held that the bank acted without lawful justification by placing a Post No Debit (PND) restriction on Oluwasesan’s account in July 2023—two weeks before a purported court order authorizing such action was allegedly obtained.
According to the report, Access Bank failed to provide a valid legal basis for the account restriction, having placed the PND on July 1, 2023, while the said court order was dated July 16, 2023. Furthermore, the bank did not tender a Certified True Copy of the order, which Justice Faji described as a crucial oversight for a public document.
The judge also noted that the court order cited by Access Bank was addressed to non-legal entities—“Access Bank Limited” and “Manager Access Bank”—rather than the bank’s correct legal identity, “Access Bank Plc.”
“The bank, having a legal department, ought to have known that the order was improperly drawn and could not be legally enforced,” Justice Faji stated.
The applicant, who holds account number 0054695391 with Access Bank, discovered that her account had been frozen without prior notice, effectively cutting her off from accessing her funds. Efforts to resolve the issue through bank visits proved futile, as staff repeatedly claimed it was an “internal issue.”
Tragically, in September 2023, Oluwasesan was the target of a violent attack which left her with fractured legs and spinal injuries. The prolonged account restriction left her unable to fund necessary medical treatment, resulting in eight months spent in a wheelchair and causing severe emotional and financial hardship.
The report further disclosed that despite her legal team’s intervention—including a formal demand letter dated October 7, 2024—the bank failed to lift the restriction. In its defense, Access Bank argued that it acted on a valid order obtained by the Inspector General of Police on July 16, 2023. However, the court found the bank’s explanation lacking in merit.
Justice Faji affirmed that the bank’s action amounted to a breach of the applicant’s constitutional right to property as protected under Section 44(1) of the 1999 Constitution.
In addition to granting six out of the eight reliefs sought by the applicant, the court ordered Access Bank to pay ₦7 million in compensation for the unlawful restriction and the resulting hardship.
Legal experts say the judgment sets an important precedent for the protection of customers’ rights within Nigeria’s banking system and underscores the importance of adherence to due process in financial transactions.
Stay informed, Stay ahead with The Ameh News
Discover more from Ameh News
Subscribe to get the latest posts sent to your email.
