By Onyewuchi Ojinnaka
A legal practitioner and customer of Access Bank Plc, Mr Junaid Sanusi has filed a legal action before a Federal High Court sitting in Ibadan against the bank, claiming N100 million for the bank’s alleged deduction of his money unlawfully.
Arguing his originating summons before the Court presided by Justice Uche Agomoh on Monday, Sanusi informed the court that he operated a savings account with Access Bank Plc.
He averred that while going through the statement of his account, he discovered that the bank was deducting more than N50 as an electronic levy stipulated by the Finance Act, 2019.
“What is provided in the Finance Act is that banks should deduct N50 one-off for transactions above N10,000.
“I noticed that the bank deducts N100, N250 and so on from my account as FGN electronic levy,” the bank customer/plaintiff said.
Sanusi submitted before the court that any deduction on customers’ accounts must be subjected to the Central Bank of Nigeria (CBN) guidelines 2020, and other Financial Institution Acts.
He pointed out that these guidelines remained the only law allowing banks to make deductions from customers’ accounts.
“The court needs to determine whether or not it is lawful for the defendant to make unauthorised deductions from my account in favour of FGN or another third party than the one allowed under the CBN guidelines and Finance Act for bank charges,” Sanusi argued.
He went further to inform the court that he relied on his filed affidavit, nine exhibits and a written address in support of his originating summons.
He then prayed the court to grant all his prayers.
He asked the court to restrain Access Bank from making further deductions on his account and reverse the monies deducted unlawfully from his account from March 27, 2020.
”This should be until judgement is delivered in the suit.
“Court should also order the bank to pay N100 million to me as exemplary damages for wrongful deductions it made in favour of FGN without my authorisation,” Sanusi prayed.
Responding , counsel to Access Bank, Mr Ahmed Adeleke, informed the court that he had filed a counter-affidavit, attached exhibits and a written address to argument his case.
He told the court that the bank reviewed the plaintiff’s three months’ statement of account between March 1, 2020 and May 29, 2020 to justify the deductions made.
Adeleke said the bank never charged more than the amount stipulated by the law going by the plaintiff’s transactions within the months under review.
He then urged the court to dismiss the plaintiff’s case with substantial cost.
Justice Uche Agomoh adjourned the case until November 12 for judgement.
