Federal High court sitting grants order of Post No Debit Kaduna business Mogul, Alhaji Bawa Garba, Engineer Mohammed Bawa Garba.

A Federal High court sitting in Kaduna has granted an order of Post No Debit (PND) against a Kaduna business Mogul, Alhaji Bawa Garba, ABG Communications, and Engineer Mohammed Bawa Garba, who are defendants in a suit no. FHC/KD/AMC/1/2022.

The Applicant, Asset Management Corporation of Nigeria (AMCON), had approached the Honourable Court in an Ex-parte motion, dated 28th March, 2022, praying it for an order for a Post No Debit operated by the defendants, pending the determination of the proceedings for the recovery of One Billion Seven hundred and thirty-eight million, Seven hundred and Four thousand, Four Hundred and Seventy-four Naira debt.

The Applicant through its lawyer, Barrister A.A. Salisu Esquire, explained that the sum is made up of the Principal debt and accrued interest against the defendants, pursuant to section 50 of the AMCON Acts, 2019 (as amended).

In the Ex-parte motion, AMCON also sought an Order of the Honourable Court for a PND over any funds in any account linked to the Bank Verification Number (BVN) belonging to the 2nd and the 3rd defendants pending the determination of the proceedings for the recovery of the debt.

AMCON further sought an order directing the following banks: Access Bank Plc, Ecobank Nigeria Plc, Fidelity Bank Plc, First Bank Plc, First City Monument Bank PLC, Guaranty Trust Bank PLC, Heritage Bank Plc, Keystone Bank Limited, Polaris Bank Plc, Stanbic IBTC Bank Plc, Standard Chartered Bank, Sterling Bank Plc, Union Bank of Nigeria Plc, United Bank for Africa Plc, Unity Bank Plc, Wema Bank of Nigeria Plc, Zenith Bank Plc, Jaiz Bank Plc, and Taj Bank Plc, to file an affidavit before the Court disclosing any amount in the name of the Defendants and standing to their credit and any sum therein, as of the date of service of the order of the Court on the Banks.

Meanwhile, the presiding Judge, Justice M.G Umar, having heard and read the affidavit in support of 26 paragraphs and 4 exhibits deposed by one Aminu Sada, therefore, granted the order of Post No Debit on all accounts linked to the 1st defendant, with the following banks: Access Bank Nigeria Plc, Eco Bank, Fidelity Bank, First Bank, Heritage Bank, Keystone Bank, Polaris Bank, UBA Bank, Union Bank, Unity Bank, and Zenith Bank pending the determination of the proceedings for the recovery of debt made up of the principal debt and accrued interest against the Defendants, pursuant to section 50 of the AMCON Act, 2019 (as amended).

The Order, signed by the principal Registrar 1, Maryam Abdulsalam Esquire, also granted an Order of Post No Debit over any funds in accounts belonging to the 2nd and 3rd Defendants pending the determination of the proceedings for the recovery of the debt which is made up of the principal debt and accrued interest against the Defendants, pursuant to section 50 of the AMCON Acts, 2019 (as amended).

The Court, which also granted the Order by the applicant seeking the said banks to file an affidavit before it disclosing any amount in the name of the defendants and standing to their credits and any sum therein as of the date of service of the order of the court on the Banks, therefore adjourned the case to 10th May, 2022 for hearing.

Kevin Madu