Story Highlights
- Haril Global Solutions Ltd and others sought to unfreeze their N1.1 billion held by multiple banks, frozen due to allegations involving the ex-staff of Globus Bank.
- The Federal High Court, Abuja, refused to immediately hear their motion to set aside the freeze order obtained by the EFCC, citing procedural issues.
- The court directed the applicants to submit an affidavit to show cause why the freeze order should be lifted, scheduling the next hearing for September 17, 2024.
The Federal High Court, Abuja, has refused to hear and determine the motion filed by Haril Global Solutions Ltd and two others seeking to set aside its interim order freezing their money worth N1,198,911,864.72.Â
The motion is against the court’s ruling which relied on allegations against ex-staff of Globus Bank, allegedly involved in hacking customers’ N3.5 billion transactions, to freeze its N1,198,911,864.72 domiciled in Fidelity Bank, GT Bank, Access Bank, and Wema Bank.Â
Justice Inyang Ekwo declined to determine the motion against the matter instituted by the Economic and Financial Crimes Commission on Wednesday.Â
Nairametrics previously reported that Haril Global Solutions, Onobun Oluwaseun Olumide, and Afolabi Oluwaseun Adeniyi, in their motion on notice (dated July 1, 2024), maintained that the interim 90-day order was obtained through “misleading facts and misrepresentations” presented by Globus Bank and the EFCC.Â
Facts of the Ongoing Case
The court’s interim order targeted the following accounts: Haril Global Solutions Ltd, Abdullahi Abubakar Sadiq, Onobun Oluwaseun Olumide, and Oluwaseun Adeniyi Afolabi, following a request by the EFCC.
EFCC counsel Olanrewaju Adeola had asked the court to freeze all accounts in the interest of justice and stop all outward payments, operations, or transactions (including bills of exchange) on those accounts, in Suit No: FHC/CS/32/2024, citing its intelligence report.
EFCC staff also informed the court that Globus Bank management had previously approached the Federal High Court, Lagos, to place a Post No Debit (PND) order on the bank accounts where funds had allegedly been diverted by its ex-staff, to prevent depletion.
Before the EFCC intervened, Globus Bank management in 2023 raised alarms over the alleged hacking of their systems, implicating some ex-staff in their ICT department.
On January 23, 2024, Justice Inyang Ekwo temporarily froze the disputed accounts and adjourned for the EFCC to provide reports on its investigation’s outcome.
However, in the applicants’ submissions, their legal team argued that contrary to the EFCC’s intelligence report, the agency is allegedly being used as a tool by Globus Bank Limited.
They insisted their client had a purely civil loan and bank overdraft agreement with Globus Bank, alleging that Globus Bank unilaterally restricted Haril Global Solutions’ account, breaching their contractual agreement.
According to the applicants, they have lost business goodwill with clients and suffered a loss of Ten Billion Naira (₦10,000,000,000.00) due to the inability to conduct business from all their accounts with Globus Bank Limited, Access Bank, Fidelity Bank, and Wema Bank.
They urged the court to set aside the order, and Justice Inyang Ekwo’s Court had scheduled today, July 24, 2024, to hear the matter.
What transpired in court
During Wednesday’s court session, the applicant’s lawyer, Henry K. Eniotu, requested the judge to set aside the order as per his motion.
However, the judge informed him that he could not file a motion against another motion (by the EFCC), advising him instead to “show cause” why the orders should be set aside.
An affidavit to show cause is a form of application where a party explains why the court should grant or set aside a relief.
The lawyer informed the court that the order had lasted 90 days, but Ekwo stated that procedurally, he should have filed an affidavit to show cause in line with the orders.
“What shall it profit you if I strike out your motion? Should I do that? I will strike it out for incompetence, or would you prefer to set a date to return and show cause?” the judge asked the lawyer.
“We will file an affidavit to show cause today,” the lawyer replied.
“The case is adjourned to September 17 for the respondent applicant to show cause,” Ekwo ruled.
More insights
According to court documents, Globus Bank obtained an order from the Federal High Court, Lagos, on December 21, 2023, freezing bank accounts linked to the suspects.
Nairametrics also gathered that the suspects under EFCC investigation had filed a case against the Commission and Globus Bank at the High Court of Justice, Maitama, FCT Abuja, in Suit No: CV/1841/24, seeking to invalidate legal actions taken by the bank and EFCC.
Meanwhile, an ex-staff of the bank mentioned in the EFCC’s case denied the hacking allegations, accusing the financial institution of engaging in illegal activities.
