•As judge ruled the bank violated the customer’s constitutional rights
A Federal High Court sitting in Lagos has awarded N7 million in damages against Access Bank Plc for unlawfully restricting a customer’s account without a valid court order, in a ruling that underscores the constitutional protection of property rights.
Justice Ayokunle Faji, who delivered the judgment on Monday, ruled that the bank’s decision to place a Post No Debit (PND) restriction on the account of Mrs Oluwasesan Ifeoluwa Bridget violated her fundamental human rights under Section 44(1) of the 1999 Constitution.
The court granted key reliefs sought by the applicant through her counsel, Barrister Farid Giwa, finding that Access Bank acted outside the law when it froze Bridget’s account on July 1, 2023, two weeks before the date on a purported court order the bank later cited as justification.
Justice Faji noted that Access Bank failed to tender the Certified True Copy (CTC) of the supposed July 16, 2023 order from a Magistrate Court in Masaka, Nasarawa State.
Even if the order had been presented, the court observed it was addressed to non-existent entities, “Access Bank Ltd” and “Manager Access Bank”, instead of the legally recognised 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,” the judge stated.
Bridget, who maintains account number 0054695391 with the bank, first discovered the restriction on July 1, 2023, when she was unable to access her funds. Despite repeated visits to the bank, she was reported to have received no satisfactory explanation, with staff citing an “internal issue.”
Information had it that tragically, in September 2023, Bridget survived an assassination attempt that left her with fractured legs and spinal injuries.
She was said to have spent more than eight months in a wheelchair and was unable to pay for critical medical treatment due to the account freeze, resulting in immense physical, financial, and emotional hardship.
After a partial recovery in September 2024, it was revealed that Bridget renewed efforts to lift the restriction.
This was because her counsel issued a demand letter to the bank on October 7, 2024, but no action was said to have been taken.
In its defence, Access Bank argued that the restriction was legally justified, citing the July 16 court order allegedly obtained by the Inspector General of Police.
The bank further claimed that the matter was a civil banking dispute and not one involving fundamental rights.
However, Justice Faji rejected the bank’s defence, agreeing with Giwa’s submission that the court order was invalid and postdated the restriction.
He ruled that Access Bank’s actions were unconstitutional, unjustified, and amounted to a violation of Bridget’s rights, awarding N7 million in damages in her favour.
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