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| Providus. |
The Federal High Court that sat in Lagos has ordered one of the new generation banks, Providus Bank Limited to transfer back the remaining balance of N329,454,650.28 alleged to have been fraudulently transferred from the account of one of the bank’s customer Aqua 10 Nigeria Limited awarding the cost of N100,000 against the bank and in favour of the plantiff.
The
judgment of the court was sequel to a suit filed brought before the it by
Barrister Kelechi Chukwu on behalf of Aqua 10 Nigeria Limited against Providus
Bank Limited and seven others namely, Jethra Designs Investment Limited,
Vacubeg Group of companies limited, Heroes Heights construction company
Limited, Vacubeg Investment Limited, North Alta Trading Limited, Abiodun
Shoyombo Trading under the name and style of Seatea Enterprises, Abiodun Afeez
Adeyemi Trading under the name and style of Adeyemi Digital Enterprises.
In
an affidavit sworn to by the Managing Director of the company, Oladipo
Okuntola, he alleged that sometime around 9th and 12th of July, 2021, the total
sum of N558,569,000 were removed from the account of his company in Providus
bank Limited to the account of Jethra Designs Investment Limited in another
bank, the funds were moved in 8 tranches.
He
said the funds were meant for the payment for goods to be purchased from HG
Honkong Company Limited and new silver industry company Limited in China,
adding that the funds were again moved from the account of Jethra Designs
Investment Limited to Vacubeg Group of companies limited.
Okuntola
said thereafter, Vacubeg in turn moved the funds to the account of Heroes
Heights construction company Limited, and that the funds were again moved by
Heroes Heights construction company Limited account to Vacubeg Investment
Limited.
He
explained that Vacubeg Investment Limited, upon receiving the funds moved same
back to the account of Vacubeg Group of companies limited and then Vacubeg
Group of companies limited move the funds to the account of North Alta Trading
Limited.
He
said the total sum of N329,454,650,296.28 were moved to the three accounts,
stated below domicile in Providus bank: North Altappq Trading Limited
-N93,361,828.97; Abiodun Shoyombo Trading under the name and style of Seatea
Enterprises- N185,133,525,.08 and Abiodun Afeez Adeyemi Trading under the name
and style of Adeyemi Digital Enterprises-N50,959,296.23.
“Subsequently,
it was discovered that internet fraudster were behind the companies and
business names sued as 2nd to 8th defendants in this suit, and that the persons
behind the companies had fled from Nigeria.
“The
matter was reported to the Interpol, and through Interpol, the movement of the
plaintiff’s funds and the persons involved in the fraud were traced. The
Plaintiff has requested that its funds traced to the 6th, 7th and 8th
Defendants accounts in the Providus Bank who is also the Plaintiff’s bankers be
returned, but the bank is insisting that without the court’s directive or
order, the bank will not return the Plaintiff’s funds traced to the 6th, 7th
and 8th Defendants’ accounts in the Providus bank.
“That
unless the Court intervenes, the Providus bank will not return the Plaintiff’s
money traced by Interpol into the accounts of the 6th, 7th and 8th Defendants
domiciled in the bank. That it is in the interest of justice to grant this
application.
“That
the Defendants will not be prejudiced by the grant of this Originating Summons,
more so, when the individuals behind the 2nd to 8th Defendants are on the run,”
he said.
The
bank’s counsel Ifeoluwa Badejo submitted that the bank reversed the sum of N50,700,000,
from the account of the 6th defendant to the Economic and Financial Crimes
Commission following the order issued by Justice Chukwujekwu Aneke, and that
same was not done with intention of interfering with justice in this case.
Justice
Lifu in his judgement, ordered as follows: that the first defendant, that is
Providus bank limited “is hereby ordered or directed to move or transfer the
plaintiff’s fund in the account of the 6th, 7th and 8th defendants to the
plaintiff’s account kept with her.
“Since
the sum of N50,700,000 has so far been reversed, the remaining balance in the
total sum of N329,454,650.28 that is, less the N50,700,000 should be
transferred to the plaintiff’s account forthwith.
“A
cost of N100,000 is hereby awarded against Providus Bank Limited but in favour
of Aqua 10 Nigeria Limited.”
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