Justice Hassan of the Federal High Court, sitting in Lagos, has made an order compelling FCMB and one other bank to place a 'lien and post no debit' on an alleged fraudster’s accounts in the banks.
The Judge who adjourned the case till January 21, for report of police investigation on the said accounts also ordered immediate arrest, upon sighting the alleged fraudster or any one that operates the accounts.
The criminal case was incidented by the Force Criminal Investigation Department (ForceCID) Annex, Alagbon, Ikoyi, Lagos State, against the FCMB and the other bank.
TheCaveat.info reports that the FCMB and the other bank were accused of allegedly refusing to release a sum to the tune of N1.690 million, said to have been fraudulently kept in their custody by a suspected fraudster, Faruq Ojemuyiwa Lekan.
This development prompted the ForceCID to initiate a suit against FCMB and the other bank before Justice Muslim Sule Hassan of a Federal High Court sitting in Ikoyi, Lagos State, Nigeria.
The ForceCID, amongst other requests, is seeking an order compelling the two banks, to release the funds to its original owner, Chancery and Associates, that was allegedly defrauded by the banks’ customer, Faruq Ojemuyiwa Lekan.
In particular, the ForceCID, through its lawyer, Mr. A. Illyas, asked the judge for an order compelling FCMB placing a lien/post no debit on the alleged fraudster’s account numbers 7403390016 and 1430141274, which warehoused the funds.
The ForceCID equally wants an order compelling both FCMB and the other bank to arrest the said Faruq Ojemuyiwa Lekan or any other person who operates the said alleged fraudulent account.
In urging the court, the police lawyer, Illyas, through a motion exparte designated FHC/CS/L/1897/2021, brought before the Court, said the orders sought for are pursuant to sections 6, 44(k) of the 1999 Constitution, Sections 4 and 66(1) of the Police Act, 2020 and Order 26 Rules 7 of the federal High Court’s civil procedure rules, 2019.
In an affidavit deposed to by one of its investigators, Inspector Momoh Paul, the ForceCID averred that on December 30, 2020, a case of fraud, obtaining money under false and stealing was reported by Chacery and Associates against Faruq Ojemuyiwa Lekan, who is presently at large.
Inspector Paul averred that during investigation, it was revealed that the total sum of N1, 690 million, was transferred to the alleged fraudster’s account numbers 7403390016 and 1430141274 domiciled with FCMB and the other bank by the fraud victim, and that the alleged fraudster, Faruq Ojemuyiwa Lekan, had absconded since the funds entered his accounts and all effort made to trace him proved abortive.
The deponent also stated that upon investigation, he discovered the two account numbers belongs to the alleged fraudster, who is still using them to defraud innocent citizens, adding that placing lien or post no debit on the said accounts will aide the police to arrest and prosecute the suspect.
Moving both the motion exparte and affidavit in support on Wednesday, the Police lawyer, Mr. Illyas, said all efforts to retrieve the money and return same to the owner had proven abortive as FCMB and the other bank declined the police request.
He told the court that granting the orders sought for will enable the court to recover the funds and return same to the owner.
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