A Federal High Court Abuja, presided over by Justice Inyang Ekwo, on Tuesday, made an order directing the unfreezing of all accounts belonging to the Benue State Government except the one domiciled in Zenith bank.
The court gave the order after adoption of Memorandum of Undertaking by lawyers representing parties in the case.
Assets Management Corporation of Nigeria is the Claimant/Applicant in the suit, while HPPS Multilinks Services Ltd and Benue State Government are 1st and 2nd respondents respectively.
The MoU dated 25th January, 2022, and filed on 26th January, 2022, was adopted on 1st February, 2021.
T. D. Pepe, SAN, leading other lawyers adopted the MoU on behalf of the 2nd defendant (Benue State Government), while Val Igboanusi Esq, adopted for the Plaintiff.
A. T. Kehinde SAN for Fidelity Bank Plc, C. O. Nwosisi, Counsel for GTBank Plc etc.
After the adoption, the presiding judge, Judge Inyang Ekwo made an order directing that Zenith bank with Account No. 1013470079 designated as Benue State Government Ecological Account remains frozen in the sum of the disputed debt vide interim Order of the Court dated 26th October, 2021 pending the determination of the case.
However, the court ordered the unfreezing of all Benue State Government Accounts with Access Bank Plc, Citibank Nigeria Ltd, Ecobank Nigeria Ltd, Fidelity Bank Plc, First City Monument Bank Plc, Guaranty Trust Bank Plc, Heritage Bank Pic, Keystone Bank Ltd, Polaris Bank Ltd, Stanbic IBTC Bank Plc, Standard Chartered Bank Ltd, Suntrust Bank Nigeria Ltd, Union Bank of Nigeria Plc, UBA Plc, Unity Bank Nigeria Plc, Wema Bank Plc, and Zenith Bank Plc.
Meanwhile, Justice Ekwo has adjourned to the 2nd of March, 2022 for report.
“Pursuant to discussions and agreement by the parties, all other accounts of the Benue State Government frozen by this Honourable Court vide interim order of 26th October, 2021 are to be unfrozen while Account No. 1013470079 with Zenith Bank Plc, designated BENUE STATE GOVERNMENT ECOLOGICAL ACCOUNT shall remain frozen in the sum of the disputed debt, pending the determination or resolution of the dispute.
“Accordingly, all Benue State Government Accounts with Access Bank Plc, Citibank Nigeria Limited, Ecobank Nigeria Ltd, Fidelity Bank Plc, First City Monument Bank Plc, Guaranty Trust Bank Pic (GTCo), Heritage Bank Plc, Keystone Bank Limited, Polaris Bank Ltd, Stanbic IBTC Plc, Standard Chartered Bank Nigeria Ltd, Suntrust Bank Nigeria Ltd, Union Bank of Nigeria Plc, UBA Plc, Unity Bank Nigeria Plc, Wema Bank Plc and Zenith Bank Plc, howsoever designated, are to be unfrozen” the court ordered.
An affidavit deposed to by one Augusta Aver Yaakugh, Legal Practitioner of No. 14, Thaba Tseka Street, Off Ademola Adetokunbo Street, Wuse II, FCT, Abuja, the deponent said “I was informed by Mr. Agada Godfrey Omaji, the Deputy Accountant-General of Benue State in our office on 25/01/2022 at about 12 Noon, and I verily believed him of the facts hereunder stated.
“That the freezing of all of 2nd defendant’s bank accounts in all the banks in Nigeria has occasioned a lot of hardship to the State.
“That while the court has freed some of the 2nd defendant’s accounts in UBA Plc, Access Bank Plc and Fidelity Bank Plc, other accounts used to finance various sectors of government have remained frozen in all the banks affected.
It would be recalled that Justice Ekwo had upon an ex parte application dated and filed on the 30th day of September, 2021, made an interim order freezing and attaching the accounts of both the 1st & 2nd Respondents in all banks, both current, savings, fixed deposits and investment accounts or howsoever described maintained with any of the following Banks: Access Bank Plc; Citibank Nigeria Limited; Eco Bank Nigeria Plc; Fidelity Bank Pic; First Bank Nigeria Pic; First City Monument Bank Pic, Guaranty Trust Bank Pic; Heritage Bank Pic; Keystone Bank Limited; Polaris Bank Limited, Stanbic IBTC Plc; Standard Chartered Bank Nigeria Limited; Sterling.
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