IN THE FEDERAL HIGH COURT OF NIGERIA
ADO-EKITI JUDICIAL DIVISION
HOLDEN AT ADO-EKITI
SUIT NO:
……………………….
BETWEEN
OKUWOBI ADEWALE GBADEGESIN……………………………………
APPLICANT
AND
1. BAGAUDA BANK PLC
2. PEOPLE BANK LTD RESPONDENTS
3. ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC)
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 3, RULE 1 OF THE FEDERAL HIGH
COURT (CIVIL PROCEDURE) RULES 2009 AND UNDER THE INHERENT
JURISDICTION OF THIS HONOURABLE COURT
TAKE NOTICE that this Honourable Court will be moved on the _____ day of
___________ 2019 at the hour of 9 o’clock in the forenoon or so soon
thereafter as the counsel on behalf of the Applicant can be heard for:
(1) AN ORDER OF THIS HONOURABLE COURT mandating the 1st
Respondent to remove the lien placed on the Applicant’s BAGAUDA
STREXI SAVINGS Account Number 3022542996 and unfreeze same
for unrestricted access and operation of the said account by the
Applicant.
(2) AN ORDER OF THIS HONOURABLE COURT mandating the 2nd
Respondent to remove the lien placed on the Applicant’s Account
Number 3010524118 unfreeze same for unrestricted access and
operation of the said account by the Applicant.
(3) AN ORDER OF THIS HONOURABLE COURT directing the 3rd
Respondent to clear the Applicant of unwarranted allegation of fraud
which the 3rd Respondent suspected him (Applicant) to have
committed as a result of operating accounts with the 1st and 2nd
Respondents.
AND FOR SUCH FURTHER ORDER OR OTHER ORDERS as this
Honourable Court may deem fit to make in the circumstance.
DATED this _______ day of ___________ 2021.
____________________
JEDIDAH ORILOYE ESQ
APPLICANT’S COUNSEL
J.J. ORILOYE & ASSOCIATES
CONOIL FILLING STATION
BUILDING
LAFIAJI BUS STOP,
OGBOMOSHO, OYO STATE
08054097818
jedidahoriloye@nba.org.ng
FOR SERVICE ON:
(1) THE 1ST RESPONDENT
BAGAUDA BANK PLC
(2) THE 2ND RESPONDENT
PEOPLE BANK LIMITED
(3) THE 3RD RESPONDENT
ECONOMIC AND FINACIAL CRIMES COMMISSION (EFCC)
IN THE FEDERAL HIGH COURT OF NIGERIA
ADO-EKITI JUDICIAL DIVISION
HOLDEN AT ADO-EKITI
SUIT NO:
……………………….
BETWEEN
OKUWOBI ADEWALE GBADEGESIN……………………………………
APPLICANT
AND
1. BAGAUDA BANK PLC
2. PEOPLE BANK LTD RESPONDENTS
3. ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC)
AFFIDAVIT IN SUPPORT OF MOTI0N ON NOTICE
I, OKUWOBI ADEWALE GBADEGESIN, Male, Muslim, Adult, Student,
Yoruba, Nigerian citizen of No 1, Ishanma Street, Ijebu-Owo, Ondo State of
Nigeria do hereby make oath and state as follows:
(1) That I am the deponent herein as well as the Applicant in this suit.
(2) That by virtue of my position, I am very much conversant with the facts
herein deposed.
(3) That I am a customer to the 1st Respondent currently operating a
BAGAUDA strexi Savings account number 3022542996.
(4) That I also currently operate the account number 3010524118
domiciled with the 2nd Respondent.
(5) That on the 14th day of December, 2017, I was arrested and taken to
the Ikare Police Station, Ikare, Ondo State and released the same day.
(6) That at the said Ikare police station, on the same date above, I was
informed by the Investigating Police Officer (IPO) (name unknown) that
my arrest was ordered by the Economic and Financial Crimes
Commission (EFCC) on the alleged suspicion that I was indulging in
financial criminality.
(7) That on bail, I.P.O. asked me to appear at the station the following day
and was informed by the Divisional Police Officer (DPO) that there were
no such traces of theft or cybercrime offence against me.
(8) That the I.P.O. further said my arrest was a mistake of identity as their
findings and investigation revealed no incriminating cases against me
through my financial dealings with my banks.
(9) That the I.P.O. at the Ikare police station further told me to go to Kano
office of the Economic and Financial Crimes Commission (EFCC) for
further questioning.
(10) That while I was preparing to go to Kano as directed by the police, I
obtained my statements of account from the 1st and 2nd Respondents
and thereafter called the EFCC office in Kano.
(11) That upon placing a call to EFCC office in Kano, I was referred to MR
HASSAN who was in the know of my case. I spoke with him on phone
on the 16th day of January, 2018 and he lent credence to what the
I.P.O. at the Ikare police station told me that my accounts had not been
found to have been used for illicit transactions.
(12) That the said MR HASSAN on the 16th day of January, 2018, at
around 10:50am told me on phone of the following facts and I verily
believed him as follows:
(i) That he (MR HASSAN) told me that in their investigation, they
discovered that somebody abroad had sent money to my
accounts through one MR AUSTINE; that was why they
suspected me of fraud.
(ii) That he (MR HASSAN) also told me that they (EFCC) reasonably
believed that I am not a fraudulent person.
(iii) That he (MR HASSAN) told me that they (EFCC) only have the
power to freeze my accounts but they do not have the power to
unfreeze unilaterally; it is only the Court that can direct the 1st
and 2nd Respondents to unfreeze my accounts.
(13) That my statement of account issued by the 1st Respondent dated the
21st day of December, 2017 is herewith attached and marked exhibit
“SA1”.
(14) That my statement of account issued by the 2nd Respondent dated the
15th day of December, 2017 is herewith attached and marked exhibit
“SA2”.
(15) That I am a graduate of Public Administration from the Adekunle Ajasin
University, Akugba-Akoko, Ondo State.
(16) That I also run a legitimate computer typesetting business at the same
Adekunle Ajasin University, Akugba-Akoko, Ondo State.
(17) That I am a law-abiding citizen of the Federal Republic of Nigeria and I
have never been involved in any criminal activity in Nigeria and
elsewhere.
(18) That it was the greatest surprise of my life when I was arrested by the
EFCC through the police for a crime I did not commit. The document
that emanated from the EFCC in respect of my arrest is hereby
attached and marked exhibit SA3.
(19) That prior to my arrest and even till now, I have never been arrested,
indicted or implicated for any financial misdeed either by the EFCC or
any other anti-graft agency in the country or anywhere in the world.
(20) That I have never used my bank accounts or any other person’s
account to defraud fellow human beings or illicit dealings with any
financial institution in the country or elsewhere.
(21) That I am one of the numerous unemployed graduates in the country
and I am seriously struggling to lawfully fend for myself and my family
in order to better my lot in life.
(22) That my struggles are now being impaired by this freeze of my bank
accounts.
(23) That through the network of the Bank Verification Number (BVN), there
is no way I could open a new bank account for my business to grow
and prosper without being disallowed from doing so.
(24) That sometimes my customers would wish to pay my charges to my
accounts, but because of the existing liens placed on my accounts by
the Respondents, they could not do so and thereby lose their
patronage of my business.
(25) That the said freeze is costing me a great fortune as I have been
subjected to untold hardship and stark sufferness.
(26) That it is now over a year that my accounts have been frozen by the
EFCC without any further activity either to establish a case of theft
against me as opposed to what I have been earlier told that there is no
valid case against me.
(27) That the impacts of the said freeze are grievous on my business and
personal life.
(28) That I now urge this Honourable Court to grant this application so that
my attempts to make legitimate ends meet will not be perpetually and
unjustly put on hold.
(29) That it is in the interest of justice to grant this application.
(30) That I swear to this affidavit in good faith, believing same to be true
and correct in accordance with the Oaths Law.
_________________
DEPONENT
SWORN TO AT the Federal High Court Registry,
Ado-Ekiti, this _______ day of ____________ 2021.
BEFORE ME:
COMMISSIONER FOR OATHS
IN THE FEDERAL HIGH COURT OF NIGERIA
ADO-EKITI JUDICIAL DIVISION
HOLDEN AT ADO-EKITI
SUIT NO:
……………………….
BETWEEN
OKUWOBI ADEWALE GBADEGESIN……………………………………
APPLICANT
AND
1. BAGAUDA BANK PLC
2. PEOPLE BANK LTD RESPONDENTS
3. ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC)
WRITTEN ADDRESS IN SUPPORT OF APPLICATION
1.0 INTRODUNCTION
1.1 My Lord, this is an application brought pursuant to Order 3, Rule 1 of
the Rules of this Honourable Court. This motion is supported with a 30-
paragraphed affidavit where the Applicant strongly contended that his
accounts with the 1st and 2nd Respondents had been frozen on the
order of the 3rd Respondent without any lawful justification, hence
praying for the order of this Honourable Court to mandate the 1st and
the 2nd Respondents to remove the lien placed on his (Applicant)
accounts with them.
2.0 ISSUE FOR DETERMINATION
Considering the fact and circumstance of this application, we most
humbly formulate this lone issue.
WHETHER THIS APPLICATION IS MERITORIOUS AND THIS
HONOURABLE COURT SHOULD GRANT THE SAME
3.0 ARGUMENTS IN SUPPORT OF THE ISSUE
3.1 My Lord, the issue formulated above has raised a question of law and
we most humbly answer the question in the affirmative. It is our
submission that there is no legal justification both in law and equity to
warrant the lien placed on the accounts of the Applicant to continue. It
is trite that in considering an application of this nature, the Court is
enjoined to consider the merit and demerit of the application from the
supporting affidavit filed alongside. See the case of OBIWALE V. IGE
(1969) 1 NWLR 11 @ 118.
3.2 My Lord, the Applicant through his affidavit has deposed to cogent and
tangible reasons why this Honourable Court should consider this
application meritoriously. We most humbly invite the attention of this
Honourable Court to paragraphs 6, 8, 9, 10, 11, 12 and 13 of the
supporting affidavit. We rely most on AKEYEDOLU V. AKINREMI
(1985) 2 NWLR, part 10 @ 787.
3.3 My Lord, we submit that the 3rd Respondent has not found any
criminal offence or indictment against the Applicant to warrant the
continuous lien on his accounts with the 1st and 2nd Respondents.
What the 3rd Respondent has seen in their investigation which is only
a suspicion and a mere allegation which shouldn’t be a necessary
barrier to the financial transactions of the Applicant. In ATANDA V.
BFL LTD (2007) 28 WRN Vol. 28, page 132 @ 4, the Court held
that “a mere and vague general allegation of fraud is useless;
facts and particulars constituting the fraud must be supplied”.
My Lord, since the 14th day of December, 2017 when the 3rd
Respondent arrested the Applicant, no indictment, report, prosecution
or conviction has been made against him. The Applicant is just a mere
victim of circumstance. My Lord, no suspicion can take the place of
legal proof to warrant the continuous lien on the accounts of the
Applicant. We invite the attention of the Court to the decision in
STATE V. AJAYI (2016) EJSC Vol. 47, page 6 and CHUKWUEMEKA
EZEUKO V. STATE (2016) All FWLR, part 831, page 1529 @
1538-1539, ratio 10 S.C.
3.4 Further sir, the Applicant in paragraphs 12, 13 and 14 of the supporting
affidavit has proved to this Honourable Court that the 3rd Respondent
don’t have any case against him and he was further advised to
approach this Court as their commission don’t have power to unfreeze
the Applicant’s accounts. We urge this Honourable Court to resolve this
issue in favour of the Applicant.
3.5 My Lord, the Applicant has further established before this Court that
the grant of this application affects his means of livelihood. The
Applicant has not been able to proceed with his business since the lien
was placed on his accounts. Also, no correct step has been taking
against him, we invite the attention of the Court to paragraphs 25, 26
27, 28 and 29 of the supporting affidavit. My Lord, it is trite that when
application constitutes a special circumstance that affects Applicant’s
right to life and other basic amenities, the same should be granted
timeously.
4.0 CONSLUSION
4.1 The Applicant has established based on the foregoing that there is no
justification both in law and equity for his accounts with the 1st and
2nd Respondents to be under continuous lien of the 3rd Respondent.
The Applicant has further established that the allegation of fraud levied
against him is a mere suspicion which has no legal implication in law.
The Applicant has also contended that the lien placed on his accounts
affects his business which further threatens his means of livelihood.
4.2 My Lord, based on all the points raised above, it is our submission that
this application is meritorious and we urge this Honourable Court to
hold so.
4.3 We are most obliged!
DATED this ______ day of __________________, 2021.
____________________
JEDIDAH ORILOYE ESQ
APPLICANT’S COUNSEL
J.J. ORILOYE & ASSOCIATES
CONOIL FILLING STATION
BUILDING
LAFIAJI BUS STOP,
OGBOMOSHO, OYO STATE
08054097818
jedidahoriloye@nba.org.ng
FOR SERVICE ON:
(1) THE 1ST RESPONDENT
BAGAUDA BANK PLC
(2) THE 2ND RESPONDENT
PEOPLE BANK LIMITED
(3) THE 3RD RESPONDENT
ECONOMIC AND FINACIAL CRIMES COMMISSION (EFCC)
