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| Diamond Bank MD, Alex Oti |
An
Abuja-based firm has dragged Diamond Bank Nigeria Plc to an Abuja High Court
asking to be awarded N310 million being special and exemplary damages against
the bank for illegally tampering with its accounts and stealing of N5 million.
The court, presided over by Justice Olasumbo Goodluck, recently, granted the
application brought by the plaintiff through its counsel, Sunny Uche, to serve
the bank the court processes through substituted means out of jurisdiction. The
matter is adjourned to June 26 for hearing. The plaintiff, through its counsel,
Uche, in its statement of claims, averred that on or about July 18, 2012, the
plaintiff, through its Managing Director, Mr. Odofin, went to the defendant’s
(Diamond Bank) Kubwa branch to withdraw some money to pay the staff, buy
building materials, meet other expenses in the execution of a contract it has,
and particularly to meet the demands of customers, some of whom have paid money
for the supply of blocks and other building materials. The cheque it presented
was returned on the ground that it has insufficient funds in the account. The
plaintiff said: “I was indeed surprised and aghast at this, as I am very sure
that we had enough money to cover the amount on the cheque presented. I
therefore requested for the statement of the said current account with number
0018800848. The defendant told the plaintiff to formally apply, which the
plaintiff did on July 19, 2012. The defendant was surprisingly reluctant and
unwilling to give the statement of account as it failed to do so throughout the
19th and much of 20th July, 2012. It took the plaintiff’s Managing Director’s
insistence of not leaving the bank for the said statement of account to be
given him towards the close of work.” The plaintiff further averred that it discovered
from the statement that just some days previously, large sums of money were
removed and withdrawn from the said account, which removal it did not authorise
or knew about whatsoever. “The plaintiff states that precisely on July 11,
2012, the sum of N2,850,000 was removed or withdrawn purportedly by one Olusola
Fagunwa from the said account without the plaintiff’s authorisation, mandate or
consent. Also on July 16, 2012, another N2 million was removed by the same
Olusola Fagunwa, also without the plaintiff’s consent. The plaintiff declared
that it did not issue any cheque to any Olusola Fagunwa and that it does not
know and has not in any way had dealings with any person by that name
whatsoever. The plaintiff averred that when it noticed the removals, it made a
complaint to the defendant at its Kubwa branch, where the account is resident
and where the withdrawals were made. Following the refusal of the defendant to
do anything about the illegal, unauthorised withdrawals and illegal debits, it
reported the case to the police at Kubwa, which investigated the matter.
Similarly,
two workers of the Bank PLC, Okoh Ebele and Charles Amadi, were on recently
arraigned before a Karu Chief Magistrates’ Court, Abuja, for allegedly forging
the signatures of four customers.
The
accused persons in their unprofessional conduct withdrew N250,000 from one of
the customer’s account.
Prosecutor
Garba Mohammed told the court that the accused were arraigned on a four-count
charge of criminal conspiracy, criminal breach of trust by servant, forgery and
theft.
Mohammed
said that one Anthony Anaolu, a worker with Diamond Bank PLC, Area 11, Abuja,
reported the matter at the Garki Police Station.
“The
accused conspired among themselves and revealed the signatures of four
different customers operating different accounts in the same bank.
“They
scanned the signatures and sent to one Charles, whose surname is still unknown
and now at-large, with the intention to withdraw the customer’s money deposited
with the bank.
“In
the course of their actions, they succeeded in withdrawing the sum of N250,000
from the account of one L.A Mittee, through one Amarachi Joshia, of Wuse Zone
5, Abuja,’’ he said.
Joshia
is presently also standing trial for alleged theft in the same court.
He
said that during police investigation, the accused persons admitted committing
the offence.
