By Tina Chinyere – Portharcourt
A Rivers State High Court sitting in Port Harcourt has dismissed a suit filed by Okonkwo Fabian-Chikodi against the United Bank for Africa (UBA) Plc over the freezing of his bank account.
Fabian-Chikodi had approached the court seeking an order to unfreeze his account and reverse the bank’s action, alleging that UBA unlawfully restricted his access to funds without justification. He further urged the court to award damages against the bank for alleged breach of contract and infringement of his rights as a customer.
Delivering judgment, Justice Stephen Jumbo held that UBA acted lawfully and constitutionally since the action was based on a valid order of a competent court. The judge ruled that the bank could not be held liable for obeying a subsisting court directive, emphasizing that compliance with judicial orders is a constitutional obligation.
Justice Jumbo cited Section 287(3) of the 1999 Constitution (as amended), which mandates all authorities and persons to enforce the decisions of courts of competent jurisdiction. He stressed that the duty of a bank to comply with such judicial directives overrides any contractual duty owed to a customer.
The court further held that once a Post-No-Debit (freezing) order is served on a bank, it must promptly enforce it without questioning its validity, provided the order emanated from a court of law. Justice Jumbo therefore dismissed the suit in its entirety for lacking merit.
