Polaris Bank has been ordered by an Akwa Ibom State High Court to pay N500,000 damage to a customer over its failure to reverse a failed point of sales (POS) transaction within 72 hours as provided by law.
Idongesit Nwoko made a withdrawal of N61, 000 via POS on December 24, 2020, but was debited without payment.
The civil servant made several efforts, including several visits to the bank, but the debit was not reversed until after 28 days.
In her ruling, Justice Bennett Ilaumo ordered the bank to pay N500,000 against Nwoko’s prayer of N100 million as damages and N1 million as cost of her legal action.
The bank’s lawyer Anthony Ebuk told Premium Times on Wednesday that the judgement will be appealed.
“The woman was debited on December 24, 2021 but she did not notify the bank until after the Christmas holidays about January 4, 2022. From the day she notified the bank we covered the period and returned her money within the 16 days in line with the law,” Mr Ebuk said.
He claimed that the plaintiff did not ask for payment of damages for the delayed reversal which the court awarded to her, adding that the judgement was not based on the pleadings of the party, but on “a total misdirection of fact”.
Contrabands blocking Apapa rail track are to be removed by NPA, says Customs
The Nigeria Customs Services (NCS) has alleged that seized contraband goods blocking the rail track leading to Nigeria’s biggest seaport in Apapa Lagos are to be removed by the Nigerian Ports Authority (NPA).
NCS, in a reaction to SlyeNews report on “Customs blocks Apapa port rail track with contrabands” said it was not the responsibility of Customs to remove the contrabands, but that of NPA.
Public Relation Officer, Apapa Area Command of NCS, Abubakar Usman said: “The contraband seized by Customs are to be moved by NPA not by the Nigeria Customs Service.
“This process includes some administrative exchange between the two agencies, which had already taken place. Logistics are already underway to evacuate the containers to government warehouse Ikorodu,” he stated.
The Project Manager, Team Construction Company, Mrs Precious Ebare, had earlier alleged that some of the contraband goods seized by Customs were on the rail track and slowing completion of the track to the terminal.
Ebare also said the Customs long room situated around the rail track was yet to be demolished, making it difficult for the construction company to proceed with the project.
But Usman said: “ The long room is not meant to be demolished. Customs long room is outside the port, far away from where the construction is ongoing. Furthermore, the rail track is designed to bypass the scanning site, making room for part of the building to be demolished,”
Efforts to reach NPA were not successful, as its spokesman, Nasir Ibrahim was unable to respond to enquiries as at press time
2023 Presidency: AGF Malami Opposes Moves By PDP, Others To Join Emefiele’s Suit
The Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, SAN, on Thursday, rejected the prayer by the Peoples Democratic Party (PDP) to join a suit filed by the Governor of Central Bank of Nigeria (CBN), Godwin Emefiele, over his presidential bid in the forthcoming 2023 elections.
The AGF also opposed a motion seeking to join two lawyers; John Aikpokpo-Martins and Olakunle Edun, on behalf of themselves and the Save Nigeria Our Fatherland, a group, before Justice Ahmed Mohammed of a Federal High Court, Abuja.
Although counsel for Emefiele, Chief Mike Ozekhome, SAN, and lawyer to the Independent National Electoral Commission (INEC), T.M. Inuwa, SAN, did not oppose the two applications, counsel for the AGF, Oladipe Opeseyi, SAN, objected to the move.
After an argument that lasted for about two hours, Justice Mohammed stood down the matter for ruling.
The News Agency of Nigeria (NAN) reports that Emefiele, through his lawyer, had, on Monday, approached the court with an ex-parte motion, seeking the court’s interpretation as to whether he could run for the 2023 presidential primary while he holds office as Governor of CBN.
He had sought an order of the court, restraining the Federal Government from removing him from office over his presidential ambition, pending the hearing and determination of the substantive matter.
He also prayed the court to stop the INEC from taking any action against him in the bid to contest in the presidential primary by virtue of his office.
The CBN governor made the prayers in an ex-parte motion dated and filed on May 9 by Ozekhome, seeking an order of maintenance of status quo ante bellum pending the hearing and determination of the substantive suit.
But in his ruling, Justice Mohammed did not grant the motion.
Rather, he adjourned the matter until May 12 (today) for ruling.
The judge then made an order directing the INEC and AGF to appear today by noon over why Emefiele’s prayers should not be granted.
He ordered that all the applications, including the ex-parte, filed in the course of the matter be served on all the defendants.
He also directed that hearing notices be issued to the defendants to appear on the said date to show cause why the prayers should not be granted.
As of the time of filing this report, the judge is yet to deliver the ruling on whether the PDP and the group should be joined in the suit.
Alleged $.36m Fraud: EFCC Closes Case Against American
The Economic and Financial Crimes Commission, EFCC, has closed the case of alleged $368,698.24 VISA racket fraud brought against an American, Marco Antonio Ramirez, before a Special Offences Court, sitting in Ikeja, Lagos.
The defendant is facing an amended nine-count charge alongside his companies: USA NOW LLC, Eagle Ford Instalodge Group LP, and USA Now Energy Capital Group LP.
Ramirez, upon arraignment, pleaded “not guilty” to all the charges
At today’s proceeding, the prosecuting counsel, Samuel Daji presented the prosecution’s last witness, Ayotunde Solademi, who works with the Federal Bureau of Investigation, FBI, Office of the Legal Attache in the US Consulate.
He said: “Sometimes in 2016, the Office of the Legal Attache in Nigeria received a letter from the EFCC, containing a request that the FBI should assist the EFCC to find out about the EB-5 Investor Immigrant Programme.
“Also to know if USA Now LLC has the right to issue out the EB-5 Investor Immigrant visa to Nigerians.
“The FBI investigated the matter relating to questions that were asked.”
According to him, following the conclusion of investigations, a reply of the findings was sent to the EFCC.
He said: “We responded to the EFCC based on our search and people interviewed.
“The main crux of our finding was that Nigeria is not a participant of the EB-5 Investor Immigrant Programme.
“And if Nigeria is not a participant, then no company has been given the licence or right to give out the visa to them.”
He thereafter, identified the FBI correspondence with the EFCC, as the prosecution sought to tender it. There was no objection from the defence, and it was admitted in evidence as Exhibit P19.
Under cross-examination by defence counsel, Lawal Pedro, SAN, the new counsel for the defendant, the witness testified that Ramirez was in fact also wanted in the United States to stand trial for some other charges against him.
“Sometime in 2018, the FBI wanted the EFCC to return the defendant to the US to face charges against him,” he said.
After the cross-examination, the prosecution informed the Court that it was closing its case.
Thereafter Justice Dada adjourned till June 24, 2022 for the defence to open its case.
The charge reads: “Marco Antonio Ramirez, USA NOW LLC, and USA Now Energy Capital Group LP on or about the 26th day of July, 2013 at Lagos within the jurisdiction of this Honourable Court, with intent to defraud, obtained the sum of $250,000 from Gabriel Ogie Edeoghon under the false representation that the sum was his investment in your company: USA NOW Energy Capital Group LP in the Employment-Based Fifth Preference (EB-5) United States of America Investor Programme, which investment would qualify him to be eligible to a USA Green Card, and which representation you knew to be false.
“Marco Antonio Ramirez, on or about the 5th day of March, 2014 at Lagos within the Jurisdiction of this Honourable Court, with intent to defraud, obtained the sum of $50,281.33 from Oludare Talabi under the false representation that the said sum is to procure United States of America L1 VISA programme for him, which representation you knew to be false.”
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