Ex-staff accuses Access Bank of theft of her funds, seeks N340.3m in damages

 

Justice Ayokunle Faji of the  Federal High Court sitting in Lagos has adjourned till May 21 for cross examination of plaintiff  in the N340,349,154 suit instituted against Access Bank Plc by its former Direct Sales Executive, Odinaka Uchenna Ifeyinwa.

The adjournment was taken after the testimony of the Plaintiff  who was led in evidence in chief by her counsel.

In her statement of claim, Odinaka Uchenna Ifeyinwa averred that she worked with Access  Bank from 2017 to 2020 where without any notice whatsoever her appointment was terminated on the 30th of April 2021 during the COVID 19 lockdown.

She averred that during the time she was working with Access Bank,  she had four accounts but only account number 110857635 was used to save money for herself for future endeavours at the time of working for the defendant.

According to her, after the unceremonious termination of her appointment by the defendant, she still maintained banker/ customer relationship with the defendant and started her own business wherein she began the supplies of IT equipments to companies that require them

She stated that long after she left the defendant bank, she received calls from two customers of the bank whom she had opened accounts for during her employment and they informed her that withdrawals were being made from their accounts without authorization. She immediately communicated the information to her then Business Manager and Assistant Business Manager Victor Oloko and Chuks by WhatsApp message.

She averred that after communicating to the two officers of the bank about the complaints of the customers, nothing was done about the situation which prompted her to also inform the  bank’s Branch manager Mr Nze Cajetan who equally did nothing about the complaints.

The plaintiff  said that on the December 2, 2020, she received a contract award letter with contract value for N174, 300,000  wherein she was required to make supplies of various IT equipments to TSC ENERGY LTD 

She averred that to her greatest dismay on December 4, 2020, she approached the bank to make withdrawal from her account to implement the contract,  her request to withdraw her money was refused despite the fact that she funded her account and that upon enquiry as to why the bank refused her request to withdraw money from her account, she was told that her account had been frozen and her application to withdraw her own money was declined.

“After 45 days of running about to carry out the terms of the contract, the time given for the performance elapsed and the contract was cancelled despite her appeal to the company to rescind their decision”.

The Plaintiff averred that the worrisome development caused her to ask her lawyer to write to bank, adding that several letters were written to the bank, but there was no response whatsoever.

Ifeayinwa added that while still trying to grapple with the whole situation as to why her account was frozen, and why she was not allowed to withdraw  her funds, she received debit alerts on her phone wherein various sums of money were withdrawn from her ‘frozen account’ without  authorization from her with the narrative “being refund of 10 customers alleged unauthorised debit”

Furthermore, aside the unauthorized withdrawal of the said various sums of money, the defendant illegally deducted the sum of N9,354.00 as charges associated to the withdrawal of the said sums.

She stated  that she was not aware of any court order authorising the Access Bank to withdraw money from her account and neither is she aware of any refund of 10 customers’ unauthorized debits.

She averred that the description from the alert received meant that the bank used her money to pay off the bank’s liability without her authorization.

The plaintiff said She then instructed her lawyer to write the defendant to release her funds and unfreeze her account, but the bank has failed and or  refused to do the needful.

 Ifeyinwa contends that the actions of the defendant has caused her personal pains, huge loss of business, anticipated profits and special damages, adding that she has been incapacitated, embarrassed by the actions of the Access Bank and also suffered tremendously with her family due to the actions of the defendant as she is the breadwinner of the family.

According to the statement of claim filed before the court, the Plaintiff, Odinaka Uchenna Ifeyinwa prayed the court to grant the  following reliefs:

” A declaration that the freezing of  her account from December 4th, 2020 to June 9th, 2021 without a valid court order is illegal and unlawful.

“A declaration that the unauthorized withdrawal of the sum of N999,154.00 from her account by the defendant without her  authorization with the intent of depriving her of the said funds permanently and using the said funds to settle the  Access Bank liability is illegal and amounts to stealing of the Plaintiff’s funds.

“A declaration that the refusal of the defendant to honour a legal request by the plaintiff to withdraw the funds in the Plaintiff’s account even when the Plaintiff’s account was well funded and the refusal of the bank to protect the funds in the Plaintiff’s account amounts to a breach of contract.

“An order of the court directing the defendant to pay to the Plaintiff the sum of N100 million  as damages  for the unlawful freezing of the account of the Plaintiff with account number 1108574635 without a valid court order from the 4th of December 2020 till the 9th of June 2021.

“An order of the court directing the defendant to unfreeze the Plaintiff’s account with immediate effect.

“An order of the  court directing the defendant to pay to the Plaintiff the sum of N100 million  as exemplary damages for the unlawful withdrawal of the sum of N999,154.00  from the Plaintiff’s account with number 1108574635, for using the Plaintiff’s funds to settle the bank’s  liability without the consent of the Plaintiff and for knowingly depriving the Plaintiff from utilizing her funds.

SPECIAL DAMAGES 

“An order of the court directing the defendant to immediately refund the unauthorized withdrawn money in the sum of N999, 154.00  to the account of the Plaintiff which money was illegally taken from account number 1108574635 belonging to the Plaintiff without her consent.

“An order of the court directing the defendant to pay interest of 28 percent on the unauthorized withdrawn money from the 9th day of June 2021 till judgement and 28 percent from judgement till total sum is liquidated.

“An order of the court directing the defendant to pay to the Plaintiff the sum of N34,350,000 being anticipated profit to have been made  from the contract between TSC ENERGY LTD and the Plaintiff which the Plaintiff lost due to the actions of the defendant by unlawfully freezing the Plaintiff’s account and refusing to honour a legal instruction to withdraw the funds in the Plaintiff’s account in order fund the contract.

“An order of the  court directing Access Bank to pay her  the sum of N100 million  as damages for the breach of contract by refusing to honour a legal and valid instruction from the her ( plaintiff)  to withdraw funds from her  account with number 1108574635 in the defendant bank even when the account was well funded.

“Interest of 28 percent of the judgement sum from the day of judgement till judgement sum is liquidated.

“Cost of action in the sum of N5 million only.

However, its statement of defence, Access Bank  Plc denies most of the averments of the plaintiff and paragraph 51 of the statement of claim and urges the honourable court to dismiss the Plaintiff’s reliefs 1 -10 as contained in paragraph 51 of the statement of claim for being frivolous, vexatious, gold digging and completely unmeritorious with substantial costs against the Plaintiff 

The defendant states that the Plaintiff is not entitled to any of the reliefs sought therein, howsoever and shall require strict proof thereof from the Plaintiff.

The defendant pleads and will rely on all relevant documents, statements of accounts and materials whether specifically pleaded or not and the Plaintiff is put on notice to produce the originals thereof in her possession, custody or control.

“Whereof, the bank prays the honourable court to dismiss this suit and refuse all the reliefs set out in the statement of claim as same are frivolous, vexatious, fabricated, fraudulent, gold digging and completely unmeritorious”.