The Independent Corrupt Practices and Other Related Offences Commission (ICPC) cannot impose a Post No Debit (PND) on a bank account without a proper court order, according to a Federal High Court in Lagos.
The order was issued by Justice Peter Lifu in a ruling in a case brought by Efoba Construction and Engineering Services Limited against the ICPC and a bank.
The plaintiff’s counsel, Victor Opara SAN, said that denying the firm access to Account No: 1011301207 without a court order was “a severe and brazen infringement of the Applicant’s Fundamental Right to own, acquire, and possess property.”
January 25 decision obtained on Wednesday, the court also awarded a cost of N50, 000 against the ICPC and the bank.
The plaintiff had, through Okpara, sued the defendants in a suit numbered FHC L/CS/1796/2020, for placing a lien on its bank account without a valid court order.
It prayed the court for several reliefs against the defendants, including: “a declaration that the compulsory taking possession of/forfeiture, acquisition of its right over or interest in monies vested in its bank account maintained with the second respondent with Account No: 1011301207 including but not limited to placing restrictions on the Applicant’s Bank Account without any extant order of court violated its Fundamental Right.
“An order setting aside the purported compulsory acquisition of monies vested in the Applicant and deposited with the 2nd Respondent.
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