By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Independent News ExpressIndependent News Express
  • Home
  • International
    InternationalShow More
    United Nations
    4th International Conference On Financing For Development Delivers Renewed Hope And Action For Sustainable Development
    3 months ago
    The African Development Bank and the United Nations Human Settlements Programme (UN-Habitat) scale up drive for sustainable urbanization in Africa
    AfDB, UN-Habitat Scale Up Drive For Sustainable Urbanisation In Africa
    3 months ago
    UN
    North Africa: Green Climate Fund Approves Record $300m For FAO-designed Projects In Papua New Guinea, Saint Lucia, The Sahel
    3 months ago
    UNICEF
    How Wars Across Middle East, North Africa Affecting Children – UNICEF
    3 months ago
    UNDP
    UN Development Programme Welcomes Historic Deal On Sustainable Development Even Amidst Global Turmoil
    3 months ago
  • Africa
    Africa
    Show More
    Top News
    Africa Leaders Summit: US To Strengthening Partnerships To Meet Shared Priorities
    3 years ago
    President Ruto Rallies Kenyans To Move Nation Forward
    3 years ago
    Tanzania: United Nations Steps Up Efforts To Build Climate Resilience
    2 years ago
    Latest News
     South Africa’s Think 20: Experts Address How Africa Can Bridge Digital Divide And Achieving Financial Inclusion
    1 week ago
    U.S. Africa Command Commander Visits West Africa, Underscores Partnership In Addressing Evolving Terrorism Threat
    2 weeks ago
    West Africa Regional Preparatory Workshop For COP30 On Climate Change Opens In Dakar
    2 weeks ago
    Systemic Racism Against Africans And People Of African Descent In Criminal Justice Systems Is Pervasive
    2 weeks ago
  • Corporate News
    • Media Outreach
  • Politics
    Politics
    Show More
    Top News
    Tinubu’s Ambition Suffers Setback, As Coalition Of APC Groups Shift Support To Atiku/Okowa Presidency 2023
    3 years ago
    PAN Chief Congratulates Akwa Ibom Governor-Elect, Says He’s Inspiration To Persons Living With Albinism 
    3 years ago
    Rejected Nominees: Lagos Assembly Action Was In Order, Obasa Declares
    2 years ago
    Latest News
    EU, ADC Parley: Calls for Electoral Reforms To Guarantee Free, Fair, Credible Polls In Nigeria
    4 days ago
    NSC Chairman To Engage With Youth And Sports Stakeholders At The Nest Centre
    2 months ago
    Edo District Bye-election: SDP Candidate, Hon. Isidahomhen Promises To Pursue Best Interest Of Esanland 
    2 months ago
    PHOTOS: Vinod Obasa Takes Oath Of Office
    2 months ago
  • News
    • Agriculture
    • Breaking News
    • Tech
    • Maritime
    • Crime
    • Art & Culture
    News
    Show More
    Top News
    Ondo Governor, Akeredolu Begins Construction Of First Flyover In Akure
    2 years ago
    Celebration Of Life: Reverend Adewumi Jegede Of Later House Of God Assembly Buried Amid Pomp
    1 year ago
    Pa Abdulfatah Amoo Ayanwale
    Pa Ayanwale Dies At 76, Fidau Prayers Holds 8 August
    2 years ago
    Latest News
    Anambra Traditional Ruler For Burial 9 October
    4 days ago
    Lagos Hosts Eko Skills Development Initiative For Youths
    6 days ago
    October 1: Nationhood Must Translate Into Better Living Conditions For Nigerians, CAPPA Tells FG
    1 week ago
    EX-APC Chairman Sad Over Bandit Killings In Oke-Ode And Other Parts Of Kwara 
    1 week ago
  • Entertainment
    • Comedy
    • Movies
    • Music
    • Television
    • Concert & Events
    Entertainment
    Show More
    Top News
    Keep Up With Gripping Story Of ‘The Rishantes’ Showing On GOtv 
    3 years ago
    DStv Media Sales – MIPAN Conference Explores Role Of Video Content In Building Brand Loyalty
    2 years ago
    Sporting Lagos Beat Remo Stars To Emerge Naija Super 8 Champions
    2 years ago
    Latest News
    GOtv Stream vs. Traditional TV: Why Viewers Are Loving the Flexibility
    2 weeks ago
    Securing Africa’s Digital Future: Entertainment in Safe Hands
    2 weeks ago
    BBNaija S10: Joanna, Mide, and Isabella Clash as Denari and Tracy Exit the House
    3 weeks ago
    Akamai Adaptive Media Player 2: Bitmovin And Akamai Set New Streaming Standard
    4 weeks ago
  • Lifestyle
    • Fashion
    • Love & Life
    • Food & Drink
    • Travel & Tourism
    • Relationship
    • Sex
    Lifestyle
    Show More
    Top News
    NCC, NICO To Leverage Telecom Channels To Promote Nigerian Cultural Heritage
    1 year ago
    LENT 2023: Nigerians Knocking On Heaven’s Door By Bishop Emmanuel Badejo
    3 years ago
    Happiness
    Eight Ways To Stay Happier In 2025, According To Science
    9 months ago
    Latest News
    Ambassador Raffy Bello Greets Imperial Majesty, Ooni Enitan-Ogunwusi, As Olojo Festival Begins In Ile-Ife
    2 weeks ago
    Preserving African Culture: Polaris Bank , Chivita, And Danone Support CIKDAS’ Youth Literary Initiative
    1 month ago
    Nigeria, Switzerland Takes Major Steps Towards Repatriation Of Artifacts And Cultural Cooperation
    1 month ago
    Archbishop Ugorji Hails St. Helen’s Choir As One of the Best Choirs in Owerri Archdiocese
    1 month ago
  • Business
    • Banking & Finance
    • Oil & Gas
    BusinessShow More
    Unity Bank Shareholders Approve Merger With Providus Bank
    2 weeks ago
    Yomi Joseph Digital Pr Launches 360° Marketing Solutions To Transform Brands Into Industry Leaders
    2 weeks ago
    Gov Abiodun Showcases Ogun Investment Opportunities At AfCFTA In Algeria
    4 weeks ago
    Intra-African Trade Fair
    Nigeria To Host Intra-African Trade Fair In 2027
    1 month ago
    Bank of Agriculture
    How Nigeria-Brazil Pact Will Boost Agricultural Investment, Food Security – BOA
    1 month ago
  • Health
    Health
    Show More
    Top News
    NCDC Activates Lassa Fever Emergency Operations Centre In Nigeria
    3 years ago
    UNAIDS: Fully Financing HIV Response In Africa Will Save Millions Of Lives
    2 years ago
    How To Avoid Urinary Tract Infections During Sex
    2 years ago
    Latest News
    2025 World Pharmacist Day: Lagos Takes Healthcare To Ikorodu Communities
    1 week ago
    World Heart Day: Adopt Healthy Food Policies, CAPPA Tasks FG, States
    1 week ago
    Lagos Takes Fight Against HIV To Communities
    2 weeks ago
    Nigeria’s Health Financing: Lessons From Canada’s $32.5bn Tobacco Settlement
    2 weeks ago
  • More
    • Sports
    • Aviation/Transportation
    • Deliverance Hour
    • Industry & Labour
    • Insurance
    • Interview
    • Judiciary
    • Metro
    • Opinion
    • Property
    • Religious
    • Romance
    • Science & Discovery
Reading: Banks Ordered Not To Recognize Freezing Order From Magistrate Courts And Other Lower Courts 
Share
Notification Show More
Aa
Independent News ExpressIndependent News Express
Aa
  • Home
  • International
  • Africa
  • Corporate News
  • Politics
  • News
  • Entertainment
  • Lifestyle
  • Business
  • Health
  • More
Search
  • Home
  • International
  • Africa
  • Corporate News
    • Media Outreach
  • Politics
  • News
    • Agriculture
    • Breaking News
    • Tech
    • Maritime
    • Crime
    • Art & Culture
  • Entertainment
    • Comedy
    • Movies
    • Music
    • Television
    • Concert & Events
  • Lifestyle
    • Fashion
    • Love & Life
    • Food & Drink
    • Travel & Tourism
    • Relationship
    • Sex
  • Business
    • Banking & Finance
    • Oil & Gas
  • Health
  • More
    • Sports
    • Aviation/Transportation
    • Deliverance Hour
    • Industry & Labour
    • Insurance
    • Interview
    • Judiciary
    • Metro
    • Opinion
    • Property
    • Religious
    • Romance
    • Science & Discovery
Have an existing account? Sign In
Follow US
  • Advertise
© 2022 Foxiz News Network. Ruby Design Company. All Rights Reserved.
Independent News Express > Blog > Judiciary > Banks Ordered Not To Recognize Freezing Order From Magistrate Courts And Other Lower Courts 
Judiciary

Banks Ordered Not To Recognize Freezing Order From Magistrate Courts And Other Lower Courts 

Last updated: 2025/10/08 at 8:38 AM
46 seconds ago
Share
SHARE

Justice Ibrahim Ahmad Kala of a Federal High Court has ordered banks in Nigeria to stop recognizing freezing/ Post No Debit orders issued by the Magistrate and other lower courts in Nigeria.

The judge also urged the police hierarchy and commands across the country of the need for its officers to observe and ensure due process, and satisfied the requirement of the law in the investigation of funds standing in credit of the account of suspect perceived to be derived from the proceeds of crime.

The judge also ruled that the investigative powers of the Police do not and can never include the power to freeze an account without a valid Order of court of competent jurisdiction.

- Advertisement -
Ad imageAd image

To this end, Justice Kala made a clarion call to the various head of courts in the country of the need to issue out circular for the stoppage of this malfeasant in the grant of such ex-parte orders by the inferior courts under their administrative goal. And also counseled banks and other financial institution in Nigeria to issue out general circular across all their branches not to recognise exparte order obtained from any inferior court (be it Magistrate, Area and or Customary Courts) restricting money standing on the bank account of customer in Nigeria or seeking for transaction reversal in such account, same having now been substantially, pronounced as being outside the jurisdictional competence of the inferior courts, and by so doing, both the bank and the Nigeria Police Force will safeguard themselves from unnecessary litigation and its attending consequences. 

Justice Kala made the above orders and advice while delivering judgment in a suit numbered FHC/L/CS/07/2025 between a businessman, Aiman Mahfouz and Fidelity Bank Plc

The applicant, Aiman Mahfouz, instituted the suit sequel to series of Exparte orders placed on his accounts with the bank by the police.

The businessman, through his lawyer, Clement Alaye, consequently asked the court for some reliefs against the bank.

The orders sought by the bank includes: “a declaration that the respondent either acting directly or through their subordinates or anybody whatsoever, has no right or vires in law and under the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the African Charter on Human and People’s Rights, to restrict the accounts of the Applicant with Respondent without following the due process of the law. 

“A declaration that the purported Order of Magistrate Court of Mararaba Nasarawa State holden at Mararaba Gurku in Suit No. M419/2024 between Inspector General of Police v. Fidelity Bank & Anor dated October 18 2024 relied upon by the respondent to violate the rights of the Applicant is null and void. 

“An order of Court restraining the respondent from intimidating, threatening and arresting the Applicant under the guise of complying with Magistrate Court order on account Number 6052473736 being operated by the applicant with the Respondent.

“An order of the Court directing the respondent to release the restrictions placed an the appplicant’s bank account Number 6052473736 with the Respondent fidelity Bank Plc) and any of the apphecant’s other account number 

“An order of perpetual injunction restraining the respondent by themselves: their officers, servants, agents and privies from (1) the pursuant of an excuse whatsoever and fabrication of evidence to harass, intimidate, restrain or justify the arrest restrain of the Applicant with respect to the Account Number 6052473736 or to restrict the said account in order to impugn Applicant’s fundamental rights ta Property, dignity of human person, liberty and movement as guaranteed and protected respectively by the Constitution of the Federal Republic of Nigeria 1999 (as amended), the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. AY Laws of the Federation of Nigeria, 2004. 

“Exemplary damages and compensation in total sum of N200 million, for injury suffered by the applicant as a result of the infringement of his fundamental right to property occasioned by the respondent directly or through their subordinates or anybody whatsoever, an for the illegal and unlawful freezing restriction of his accounts.”

Meanwhile, while the bank did not filed any counter to the suit, its lawyer, George Lekwa, approached the court today, with a motion to set aside the proceedings conducted so far in the suit, as well a motion to hear the bank’s preliminary objections.

The judge however, struck out the motion, on the ground that it is an abuse of court process.

Delivering judgment on the substantive suit, the judge after reading through the applicant’s processes and cited several prethoras of legal authorites held that: “I have taken time to review the ex-parte order of the Magistrate Court, Mararaba Garuku and considered the facts available to it in grant of the order, and it does appear to me that the order has taken almost a year and this has no doubt, adversely affected the Applicant and therefore, ought to be discharged. 

In the light of all the findings I have made above in this application, the Applicant has, as against the respondent, a right, ex debito justitiae to have the restriction/post-nodebit in his account Number 6052473736 domiciled with the Respondent’s bank, set aside by this Honourable Court, the Applicant having proved his case to be entitled to such relief in protection of his right as enshrined in Section 44(1) of the 1999 Constitution (as amended). 

“Accordingly, the purported ex-parte Order of the Magistrate Court, Mararaba Garuku, Nasarawa State in Suit No. M419/2024, between Inspector General of Police v. Fidelity Bank & Anor dated October 18th, 2024, executed against the respondent by the Nigeria Police Force restricting the Applicant’s bank account ad finitun, in violation of his fundamental right is null and void and same is hereby set aside. 

“It would have followed naturally that the applicant is entitle to compensatory damages for the breach of his fundamental right specifically, against the Nigeria Police Force, being the enablers that secured the purported order of the Magistrate Mararaba and executed same against the Respondent restricting the Applicant’s account that prevented him with money standing to his credit in his account from accessing the money. 

“Unfortunately, police are not made a party in this instant suit. whereas, in BABATOLA v. ALADEJANA (2001) 12 NWLR (PT. 728) 597 the apex court at P. 614 Paras. B-D, held thus: “The Court cannot give a judgment against a person who will be affected by its decision if such a person is not made a party or has no opportunity of defending tre suit This as because, the court has no jurisdiction to decide the fate of a person or a matter concerning him when such a person is net made a part to the action.” 

“Consequently, these reliefs relating to the award of exemplary damages to the applicant which ought to have been granted against the Police that are not parties to this suit are accordingly turned down.

“Before concluding deliberation in this application, I wish to draw the attention of the Police hierarchy and commands across the states of the need by it officers to observe or ensure the observance of due process and satisfied the requirement of the law in the investigation of funds standing in credit of the account of suspect perceived to be derived from the proceeds of crime. The investigative powers of the Police do not and can never include the power to freeze an account without a valid Order of court of competent jurisdiction, id est, the High Courts. See Access Bank V. Barr. Anthony Kelechi Agbasiere (supra). 

“Similarly, I wish to make clarion call to the various head of courts in the country of the need to issue out circular for the stoppage of this malfeasant in the grant of such ex parte orders by the inferior courts under their administrative goal. Ditto on the need for the Respondent’s bank, nay any other financial institution in Nigeria to issue out general circular across all their branches not to recognise exparte order obtained from any inferior court (be it Magistrate, Area and or Customary Courts) restricting money standing on the bank account of customer in Nigeria or seeking for transaction reversal in such account, same having now been substantially, pronounced as being outside the jurisdictional competence of the inferior courts, and by so doing, both the bank and the Nigeria Police Force will safeguard themselves from unnecessary litigation and its attending consequences. 

“To this end, this application is therefore, meritorious and same is granted as par above. As costs follows event of the trouble taken by the Applicant in successfully prosecuting this case, I award the sum of N500, 000 costs against the Respondent and in favour of the Applicant.” 

You Might Also Like

CJN, NCC Boss Outline What’s Expected Of Judiciary As Nigeria Accelerates Digital Transformation 

SWAN Crisis Takes New Twist: Nyong Takes Isaiah, Ikenna To Court

Court Frees Babafunsho Adeyemi, Femi Bakare And Fenchurch Energy Of Charge Of Perjury Allegations

Ayorinde Tasks Law Students on Sovereign Immunity, Accountability of Leaders

Nigerian Judiciary Is Stinkingly Corrupt – United Nations

TAGGED: High Court
INadminNG October 8, 2025 October 8, 2025
Share This Article
Facebook Twitter Whatsapp Whatsapp LinkedIn Telegram Email Print
Previous Article 2025 FIFA U-17 Women’s World Cup Finals: Flamingos Set To Depart For Morocco
about us

Independent News Express (iNews Express), a publication of 4Ds Nigeria Limited, is birthed out of the desires of the founding fathers to report News as it is.

We value Professionalism, Excellence, Service, Creativity and Integrity.

The Company

  • Home
  • About Us
  • Contact Us
  • Privacy & Policy

Quick Links

  • Advertise with us
  • Newsletters
  • Deal

Categories

Find Us on Socials

© Independent News Express. All Rights Reserved.
Welcome Back!

Sign in to your account

Lost your password?