A Lagos high court has compelled Zenith Bank plc to lift the restrictions placed on Ivan-Whyte Eagle Lawson account.
The court also declared that the Bank’s Order exhibit A pursuant to which Zenith Bank plc, the defendant in the case placed a restriction on the claimant’s account having been declared null and void abi initio is hereby set aside.
In a judgment of 22nd December 2021, Justice A.F. Pokanu of Lagos High Court, Ikorodu Judiciary Division, delivered that the bank is also perpetually restrained from giving any effect to the null and void exhibit A procured pursuant to the no existent section 7 of the Bank Order Act 1847(42Vic011)
The 3rd and the 4th defendants and their agents, officers/ or legal representatives are also restrained perpetually from approaching any magistrate Court or any other court in Nigeria for a Bank Order pursuant to a non existing law to freeze or otherwise restrict the running of a person’s bank without a pending legal proceeding properly initiated by the appropriate originating process and in accordance with or pursuant to the substantive legislations on the subject matter.
The other defendants in the case are the managing director of the bank, Deputy Commissioner of Police (zone2, Lagos) and Nigerian Police force.
Details of the judgement obtained by Business Standards showed that the suit with a reference number IKD/5043…/2021 was instituted through an originating summon against the defendant, Zenith Bank on 14 September 2021.
Ivan –Whyte Eagle Vision had initiated the suit against Zenith Bank and joined its managing director, Deputy Commissioner of Police Zone 2, Lagos and the Nigeria Police Force as defendants over restriction on his account by the bank.
The claimant, Ivan-Whyte Eagle Vision, had approached the court for some reliefs after he attempted to send N2000 from the said Zenith Bank account to pay a dispatch rider to deliver a birthday gift to a friend, only for him to discover that his account has been placed on restriction without any prior notice or communication to him.
According to him, he went to the Ikorodu branch of the 1st defendant and met his account officer who orally informed him that his account has been placed under restriction.
In his desperation and frustration he went to meet the branch manager of the bank at Ikorodu Garage to have more clarity and details and to demand for the removal of the restriction but was told it was only the court that can order the lifting.
Justice A.F Pokanu while delivering his judgement stated: “To start with, I have done intensive research and come to the finding that there is no law known as “Banker’s Order Act 1847 (42 VIC.011)”. What is obtainable, as a matter of law and Statute is the Banker’s Books Evidence Act, 1879 (43 Vic. No. 7.). Section 7 of the Banker’s Books Evidence Act, 1879 (43 Vic. No. 7.), on Power under the order of judge to inspect books and take copies, provides thus: “The said Order is also not for the purpose of any existing or pending legal proceeding.
He said he found that the Order to put PND “Post No Debit” on the account of the Claimant is clearly unfounded in any known law and same is declared arbitrary and oppressive.
Worse still he said, is the directive to the 1° Defendant, in the said Order, to arrest on sight anybody who transacts on the Account. “There is no provision in the said law empowering the court to make an order placing a “Post No Debit” on. any account and/or mandating a bank to arrest any of its customers. If such a law exists, the Banker’s Order before this court was not made pursuant to any such law. I have also examined Section 89 of the Evidence Act 2011 cited in the Banker’s Order. It merely provides that “Secondary evidence may be given of the existence, condition or contents of a document when… (h) the document is an entry in a banker’s book” and nothing more. Section 89 of the Evidence Act merely strengthens the fact that secondary evidence can be given to a banker’s book. It does not support the legality or validity of the instant Banker’s Order. Section 4 of the Police Act provides that: “The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or outside Nigeria as may be required of them by, or under the authority of this or any other Act”. .,.,, ({}8”i Page 13of 20 IE
