Court Bars Fidelity Bank, Other From Releasing Deceased’s Stolen Fund
A Lagos Federal High Court, has stopped Fidelity Bank Plc from releasing the sum of N14. 840 million, allegedly withdrawn fraudulently from a deceased’s account by one Chinnedu Oguamanam and warehoused in the bank.
The court presided by Justice Sule Hassan, on April 1, 2021, also made an order placing a Posting No Debit (PND) on account number 0092987730, belonging to the deceased, late Ben Destiny Chibuzo and domiciled with Access Bank Plc, from where the money was allegedly transfered fraudulently by Chinnedu to his Fidelity Bank’s account.
The court also ordered for inspection and assessment of all statement of accounts of Mr. Chinedu Oguamanam, who operates his account with abusiness name, Frank Oguman Ventures, with account number 5600036179, domiciled in Fidelity Bank Plc, from August 1, 2020 till date, for the purpose of investigation.
The judge also made an order for inspection and assessment of late Ben Destiny Chibuzo’s statement of account number 0092987730, domiciled with Access Bank, from August 1, 2020 till date, for the purpose of investigation.
Justice Hassan made the above orders while granting an exparte motion application filed and argued by A. Ilyas, a Counsel from the Legal Department of State Criminal Investigation Department (SCID) Panti, Yaba, Lagos.
In asking the court for the above orders, the Police lawyer told the court that the third respondent, Chinnedu Oguamanam, in the suit marked FHC/L/CS/488/2021, allegedly stole the sum of N14,840 million, with the deceased’s ATM card and from the deceased’s (Mr. Ben Destiny Chibuzo) Access Bank account number 0092987730, and transferred into his Fidelity Bank account number 5600036179, which is now under Police investigation.
Iliyas also told the court that granting the orders sought for will stop further alleged fraudulent transactions on both accounts if the abovementioned accounts. Adding that justice of the matter requires urgent placing of No Debit Order on the aforementioned accounts to preserve the remaining ‘res’ pending the outcome of investigation.
The police in an affidavit attached with the motion exparte application deposed to by one of it’s Investigators, Inspector Isaac Oiwoh, aveered that he was detailed to investigating a case of the stealing the sum of N14,840 million against Chinnedu Oguamanam, the third respondent.
He stated Fidelity Bank, the first respondent in the suit was in custody of the third respondent’s money where he maintains account number 5600036179 in the Business name of Frank Oguman Ventures where the sum of N14,840 million, was allegedly fraudulently transferred into by the third respondent through ATM card from Access Bank account number 0092987730 maintained by his deceased relative (Mr. Ben Destiny Chibuzo).
He aveered that Access Bank, the second respondent in the suit, is the financial institution where the deceased, late Ben Destiny Chibuzo, had maintained an account until his untimely demise.
The deponent stated further that on March 19, 2021, a written petition was submitted by one Gabriel Uwaifo Esq, on behalf of Mrs. Gift Osuegbu, alleging the third respondent of stealing the sum of N14,840 million, from his late brother’s account. Adding that the Petitioner also made a statement in support of her allegation where she gave a vivid account of how the third respondent stole huge amount from her late husband’s account
The deponent stated that due to the Criminal nature of the case, an entry was made in the Police crime diary. He added that nd investigation into the allegation is ongoing and there is need to place a No Debit Order on the third respondent’s account No. 5600036179 maintained in the Business name of Frank Oguman Ventures and to further place a No Debit Order on the Access Bank account No. 0092987730 maintained by his deceased relative (Mr. Ben Destiny Chibuzo) in order not to continue to fraudulently wire money out of the account.
The deponent stated that it will be in the interest of justice that the application is granted, as doing so will not prejudice the Respondents in anyway.
Upon listened to Mr. Ilias’ submission, Justice Hassan granted the application and made the above orders.
The judge thereafter adjourned till April 26, for report on compliance by the two banks and Investigation.