Federal High Court awards N7 million in damages over Access Bank rights violation after freezing a customer’s account without a valid court order

[dropcap]A[/dropcap]ccess Bank rights violation has cost the bank N7 million in damages after the Federal High Court in Lagos found it guilty of infringing on the fundamental rights of a customer, Mrs Oluwasesan Ifeoluwa Bridget.

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In a judgment delivered on Monday, Justice Ayokunle Faji ruled that Access Bank acted unlawfully by placing a Post No Debit (PND) restriction on Bridget’s account without securing a valid court order at the time of action.

The account, belonging to Bridget, was frozen on 1 July 2023—two weeks before the alleged order dated 16 July 2023 from a Magistrate Court in Masaka, Nasarawa State.

The judge emphasised that the bank’s failure to tender a Certified True Copy (CTC) of the order meant no legal basis existed for the restriction.

Even if such an order were produced, it was addressed to “Access Bank Ltd” and “Manager Access Bank”—non-juristic entities, rather than the legal entity, Access Bank Plc.

“The bank, having a legal department, ought to have known that the order was improperly drawn and unenforceable,” the court held.

Bridget, who holds account number 0054695391 with the bank, discovered her funds were inaccessible without any formal notification. Repeated visits to Access Bank branches yielded no solution, with officials merely citing “internal issues.”

The bank, having a legal department, ought to have known that the order was improperly drawn and unenforceable.

Her situation worsened in September 2023 when she survived an assassination attempt. The attack left her with fractured legs and spinal injuries, confining her to a wheelchair for over eight months.

She was unable to pay for her medical care due to the frozen account, plunging her into extreme hardship.

After regaining partial mobility in September 2024, Bridget’s legal counsel sent a formal demand to Access Bank on 7 October 2024, urging immediate reversal of the restriction. The bank ignored the request.

In court, Access Bank argued the PND was supported by a police-obtained court order and claimed the matter was a typical customer dispute, not a human rights issue.

The bank stated that the Inspector General of Police had obtained an order against “Access Bank Ltd” and “Manager Access Bank”.

Counsel for the applicant, Farid Giwa, countered that the named parties in the court order did not exist legally, and the document was not certified. He stressed that the PND was imposed even before the order was allegedly obtained.

Justice Faji upheld Giwa’s arguments, ruling that Access Bank’s conduct violated Bridget’s constitutional right to own property, as protected under Section 44(1) of the 1999 Constitution.

The judge awarded N7 million in damages for the bank’s unlawful action, describing its conduct as unconstitutional, unjustified, and lacking in due diligence.

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The case is now regarded as a landmark ruling in protecting customers from Access Bank rights violation and could set a precedent for similar disputes within Nigeria’s financial sector.