The Plaintiffs,Martins Ifeanyi Chukwuma & Nnamchi Oluchi through their Counsel, Joachim Okechukwu Odo,Esq, Onitsha based Lawyer and the Principal Partner of Ulalaa Legal Consults by a Writ of Summons dated 9th November, 2020 instituted this suit in SUIT NO: OB/42/ 2020 against Paschal Aroh Obuikem
& Acess Bank Nigeria Plc in Enugu State High Court in Udenu Judicial Divison Holden in Orba, praying the Honourable court for the following reliefs:
a. A declaration that the seizure and withholding of the 2nd plainiff’s N3.100.000.00 (Three Million One Hundred Thousand Naira) by the 1st defendant is unlawful, illegal and unconstitutional.
b. An order of the Honourable Court directing the 1st defendant to pay the 2nd plaintiff N3.100.000.00 (Three Million One Hundred Thousand Naira) into the 1st plaintiff’s account with immediate effect.
c. A declaration that it is unconstitutional, illegal and unlawful for the 2nd defendant to freeze or place restrictions on the 1st plaintiff’s account without any order ofthe court.
d. An order of the Honourable Court directing the 2nd defendant to pay N100.000.000.00 (Hundred Million Naira) in favour of the 1st plaintiff for placing post-no-debit on the account of the 1st plaintiff or freezing the account of the 1st plaintiff without an order of the court.
e. N50.000.000.00 (Fifty Million Naira) against the defendants as general damages in favour of the plaintiffs
THE BRIEF FACTS OF THE CASE
The case of the Plaintiffs is that the 2nd Plaintiff played Bet9ja game and won N7,600,000.00, (Seven million six hundred thousand naira). Unfortunately for the 2nd Plaintiff, she has only student account which could not accommodate huge deposit and her elder brother asked the 1st Defendant to pay the winning money into his account. The 1st Defendant who is an agent of the Bet9ja company paid N4,500,000.00 (Four million five hundred thousand naira) and refused to make further payments instead he resorted to using the police to harass the Plaintiffs so that he would retain the remaining N3,100,000.00 (Three million one hundred thousand naira) in his possession/custody.
Sadly, the 1st Defendant instigated the police to arrest, torture, detain and dehumanize the Plaintiffs for daring to insist that the 2nd Plaintiff winning money must be paid to her. The 1st defendant finally,used the instrumentality of the police to block the account of the 1st Plaintiff.
The 1st Defendant in show of force even arrested the family member of the Plaintiffs who was a nursing mother.
However, the 1st Defendant/Counterclaimant counter claims against.the Plaintiff as follows:
a. A declaration that IfeanyiChukwu Odo also known as Okpe is the true winner of the jackpot winning of #7.6million won on 30th September, 2020 which the Plaintiffs fraudulently claimed was won by the 15t Plaintiff and fraudulently induced the 15t Defendant to make a payment of #4.5million into the 1st Plaintiff’s account no: 0013069253 as part payment of the #7.million jackpot winning.
b. An order directing the 1st Plaintiff and 2nd Plaintiff jointly and severally to refund to the 1st Defendant all that #4.5million which the 1st Plaintiff fraudulently induced the 1st Defendant to pay into the 1st Plaintiff’s account no: 0013069253 on 30th September, 2020 as part payment of jackpot winning of #7.6million.
c. An order awarding against the Plaintiffs jointly and severally and in favour of the 1st Defendant interest on the sum of #4.5million which the Plaintiffs fraudulently induced the 1st Defendant to pay into the 1st
Plaintiff’s account no: 0013069253 on 30th September, 2020 at the prevailing rate from the date the cause of action arose until judgment and thereafter at the rate of 20% per annum until liquidation of the
judgment debt.
d. An order awarding against the Plaintiffs jointly and severally and in faveur of the 1st Defendant the sum of #2million as general damages.
e. An order awarding against the Plaintifs jointly and severally and in favour of the 1st Defendant the sum of #6.45million as the cost of defending and prosecuting this action.
As expected,the 1st defendant only filed statement of defence.
On 6th day of June,2024,Hon. Justice H.U. Ezugwu (Ph.D), delivered the judgment and held that from the evidence before this court, the case of the plaintiffs hereby succeeds and ordered as follows:
a. That the seizure and withholding of the 2nd plaintiff’s N3.100.000.00 (three million one hundred thousand naira) by the 1st defendant is unlawful, illegal and unconstitutional.
b. The 1st defendant to pay the 2nd plaintiff N3.100.000.00 (three million one hundred thousand naira) into the 1st plaintiff’s account with immediate effect.
c. That it is unconstitutional, illegal and unlawful for the 2nd defendant to place a restriction order on the account of the 1st plaintiff without a court order.
d. The 2nd defendant to pay N1,000.000.00 (one million naira) to the 1st plaintiff as damages for placing a restriction on his account without a court order.
H.U.Ezugw (Ph.D)
Judge
06/06/2024
Appearances:
J.N.Itodo Esq. holding the brief of Joachim Okechukwu Odo Esq. for the plaintiffs.
K.I.Okebe Esq.holding the brief of Olanrewaju Akinsanya Esq. and A. O. Ademola Esq. for the 1st and 2nd defendants.
