Court Describes Zenith Bank As “Untruthful”
Justice O.O. Abike-Fadipe of the Special Offences Court, sitting in Ikeja, has describe one of Nigeria’s leading commercial bank Zenith Bank, as a high risk financial institution which general public must be wary of so that they will not fall prey to their fraudulent activities capable of making unsuspecting customers to loose their hard earn funds.
The Judge said this while delivering a
judgement, saying Nigerian public should be careful in their dealings with
Zenith Bank, as she called the bank ‘fraudulent’, “My recommendation is that
Zenith Bank is a fraud and people must be very careful in their dealings with
the bank,” she said.
She further accused the bank of
bribing both judges and lawyers for 11 years to fraudulently alter the course
of justice in its favour. She thereafter ordered the bank to pay the sum of
N2.5 billion to a company, Real Integrated and Hospitality LTD who for 11 years
held the Claimant’s sum of N872, 780, 552.84 million illegally.
Justice Abike-Fadipe, in a judgement
marked LD/ADR/186/2014 between the company and the bank found Zenith bank to
have criminally benefitted itself by defrauding its clients.
She said: "The 1st Defendant
(Zenith Bank) has been the beneficiary of the malevolent game of chess that
plunged both claimant (Real Integrated and Hospitality Ltd) and 2nd Defendant
(Subeb) into, holding the sum of N872,780,552.84 (Eight Hundred and Seventy Million
Seven Hundred and Eighty Thousand Five Hundred and Fifty Two Naira and Eighty
Four kobo) in its custody without paying interest thereon from 17th February
2011 until 2nd February 2016 when the Court ordered that the money be paid into
an interest yielding account in the name of the claimant and the 2nd Defendant
pending determination of the suit, which order was curiously varied, so the
money remained in the 1st Defendant’s custody without interest”.
Justice Abike-Fadipe, ruled: “The act
of Zenith Bank Plc was unconscionable and detrimental to the goodwill of the
claimant and its trade with its customers.
It was a deliberate and malicious act against the interest of the
claimant and continues to enjoy the largesse in bad faith.
“Zenith Bank defrauded it’s customer
Real integrated and hospitality Ltd. Zenith Bank embarrassingly defrauded,
placed a lien on the account of it’s customer Real integrated and Hospitality Ltd illegally and
refused the company to withdraw from its account despite the fact that the said
account was In enough credit to cover the withdrawals sought to be made.
Zenith Bank fraudulently used Real
integrated and Hospitality Ltd’s money of N872,780,552.84 for over ten years
against their interest dubiously. What is so shameful is that Real Integrated
and Hospitality Ltd is the customer who has banking relationships with Zenith
Bank.
“On the 17th of January, 2011, Real
integrated and Hospitality Ltd not for lack of not having money, applied for
advance Payment Guarantee (APG) for the supply of 700,000 units of Advanced
English Dictionary and Senior illustrated Dictionary in two tranches and the
bank in what we call professional misconduct withdrew the value and amount of
N1.2 billion from Real integrated and Hospitality Ltd’s account and issued them
an advance payment guarantee.
“What that implies in Law is that
actually Zenith Bank did not issue any advanced payment guarantees, did not
take any risk, did not do anything because it took the money from the Account
of Real integrated and Hospitality Ltd and moved it to sundry account.
“Zenith Bank raised the payment to
Repro India for the production of the books, paid the shipment of the books to
Apapa Lagos, paid customs duties to customs, paid Ocean marine haulage to move
the books to Gombe. All in an attempt to satisfy the Gombe government that they
have performed.
“It’s so sad that in the dubiousness
of Zenith Bank, having removed the entire amount from the Company’ s account,
placed a lien in their N872, 780,552.84 and in the last ten years. Zenith Bank has been playing the game of
bribing Judges. It will interest you to know that Justice Lawal after a ruling
in the open court to the effect that the money be moved to an interest yielding
account went home with the file and altered his ruling reversing himself in
Favour of the bank so motu without any application .
“Zenith Bank bribed the Lawyers in the
matter. The matter has been going back and forth, Zenith Bank will today say it
is supporting Real integrated and Hospitality Ltd because it knows that the
Gombe government is illegal. In another vein, it says it’s supporting Gombe.
All that just to keep the money.
“This they have done for 11 years. So
many lawyers and judges have been bribed in this matter just perverting
Justice. What is more embarrassing, the current governor of Central Bank of
Nigeria, Godwin Emefiele was the one who came to navigate and begged for the
deposit. He has not been able to do anything to Zenith Bank because he was the
Managing Director of the bank at the time of this transaction.
“His only comment was that Real
integrated and Hospitality Ltd should help them let the court decide and that
the action of Zenith Bank amounts to illegality and the bank is misbehaving.
“On one of the occasions where one of
the Directors of Real Integrated and Hospitality Ltd met him in London, he said “has Zenith bank
given you your money? and when the Director said no, he said that it was
dubious of Zenith bank and that the bank would suffer the Consequences if
Judges behave appropriately in this
country”.
“People should be careful not to
suffer as Real Integrated has suffered over the years on their own money.
Zenith Bank did all the transactions, protected its interest, knew the book was
supplied, knew everything was there.
“The only delay was that the Gombe
government was playing games at the time and had requested for a bribe of two
hundred million naira which Real Integrated and Hospitality Ltd directors did
not have. People must resiliently pursue what is right and get to the logical
conclusion.
“My recommendation is that Zenith Bank
is a fraud and people must be very careful in their dealings with the bank”,
Justice Abike-Fadipe, added.
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