A High Court of the Federal Capital Territory, presided by Justice Christopher Oba, has ordered Globus Bank Limited to pay a total sum of N256 million to an Abuja-based company, Haril Global Solutions Ltd, for breaching a contractual agreement.
In the suit marked: FCT/HC/CV/1456/2026, Haril Global Solutions Ltd, Chinedu Mba, Idris Olayiwola and the Economic and Financial Crimes Commission, EFCC, were listed as Defendants to the counterclaim filed by the bank.
The Claimant filed the suit by way of Writ of Summons, wherein it complained of breach of contractual agreement and wrongful deductions running into millions of naira by the bank.
Delivering judgement on the matter, Justice Oba declared that there was a valid and subsisting contract between the claimant and the Defendant, pursuant to the letter of offer of facility dated July 4, 2023, signed by both the claimant and the Defendant and the Overdraft Facility Agreement executed between the Claimant and the Defendant dated July 4, 2023.
Subsequently, the Court made a declaration that the Claimant is entitled to the return of the Debt Service Reserve Fee Sum of One Hundred and Nine Million Naira (N109M) wrongfully withdrawn by the Defendant from the Claimant’s Debt Service Reserve Account with account number 4000006572 and transferred to the Claimant’s Overdraft with account number 1000085336 on December 29, 2023, contrary to the Overdraft facility Agreement executed between the Claimant and the Defendant dated July 4, 2023 and the letter of offer of facility dated July 4, 2023.
The Court also mandated Globus Bank to return the sum of Twenty-Six Million, Seventy-Six Thousand, Three Hundred and Eighty-Eight Naira Thirty-Two, kobo (N26,076,388.32) wrongfully withdrawn on January 31, 2024, from the account of the Claimant with account number 1000085336 as interest despite the fact that a Post-No-Debit has been placed on the Claimant’s account as a result of which the Claimant could not carry out his business.
In addition, the Judge ordered Globus Bank to return the sum of Fifteen Million Naira (N15,000,000.00) wrongfully withdrawn from the account of the Claimant on February 6, 2024, with account number 1000085336, with interest despite the fact that a Post-No-debit has been placed on the Claimant as a result of which the Claimant could not carry out its business.
The Court equally ordered the Defendant to pay the Claimant Five Million Naira (N5M) as general damages for breach of contract, as well as pay the Claimant the sum of One Million Naira (N1m) as the cost of this suit.
According to the Court, Globus Bank breached the accepted Letter of offer of facility dated July 4, 2023, overdraft facility agreement executed between the Claimant and the Defendant dated July 4, 2023.
“A declaration of this honourable court is hereby made that the contract between the Claimant and the Defendant pursuant to the Letter of offer of facility dated the 4th July, 2023, and the Overdraft Facility Agreement executed between the Claimant and the Defendant dated 4th day of July 2023, is discharged by the breach occasioned by the Defendant.
“A declaration of this Honourable Court is hereby made that the defendant is liable to the Claimant for breach of contract thus liable to pay the Claimant general damages for breach of contract.
However, the court dismissed the counterclaim by Globus Bank on the ground that it failed to adduce credible evidence to establish its claims for fraud or unlawful interference with the contract terms by Haril Global Solutions Ltd.
The Counter-Claimant had alleged that the Claimant manipulated the system by debiting other merchants to credit its own account.
“However, no evidence was led to show which specific merchants were debited or to provide testimony from such third parties, the court stated.
Regarding the Police investigation report (Ex Q1-2), the court stated that the report did not indict the Claimant for the alleged fraud, noting that the report mentioned a figure of N900 million, which was vastly different from the N2.5 billion sought in the Counter-Claim.
The Judge held that the Police Investigation Report was a mere report and not a judicial pronouncement that the court can use to determine the allegation of fraud against the Claimant.
“Consequently, the Counter-Claimant has failed to provide cogent, credible, and compelling evidence to establish its claims for fraud or unlawful interference with trade.
“The reliefs sought in the Counter-Claim are declaratory and monetary in nature, and such reliefs cannot be granted on the basis of unsupported allegations or documents that have been expunged by the Court.
“In the circumstances, I find that the Counter-Claimant has failed to discharge both the legal and evidential burden of proof required by law.
“I hereby dismiss the counter-claim in its entirety for lack of merit. On the whole, the case of the Claimant succeeds” Justice Oba said.
Culled: Daily Post
