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ACCESS BANK PLC
V.
AGBASIERE

(2022) JELR 110627 (CA)

Court of Appeal 11 Mar 2022 Nigeria
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- This is an appeal against a judgment of the Anambra State High Court. - The plaintiff/respondent claimed that the defendant/appellant unlawfully froze and restricted their bank account, violating their fundamental rights. - The trial cour

Case Details

Suit Number:CA/AW/297/2021
Judges:Chioma Egondu Nwosu-Iheme JCA Frederick Oziakpono Oho JCA Patricia Ajuma Mahmoud JCA
Counsel:The Appellant was absent and unrepresented but served with ‘H’ notice; MR. G. E. EZEUKO, SAN, with him, MESSRS. EZENWOMA, O. B. EIROBU, and T. D. OJIMBA, for the Respondent.

PATRICIA AJUMA MAHMOUD, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Anambra State High Court sitting at Awka and delivered on the 19th July, 2021 by Hon. Justice Chukwudi C. Okaa. 

The plaintiff/respondent in an action for the Enforcement of his Fundamental Rights claimed against the defendant/appellant the following four reliefs:

a. A declaration that the action of the Respondent freezing and/or placing a hold on the Appellant’s bank account No. 0086239935 with the Respondent [Access Bank Plc (Diamond)] is unlawful, unconstitutional and a veritable contravention of the Applicant’s fundamental right to moveable properties guaranteed by Section 44 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). 

b. An order of the Court directing the Respondent to defreeze and/or release forthwith the restriction placed on the Applicant’s Bank Account No. 0086239935 with the Respondent [Access Bank Plc (Diamond]. 

c. N50,000,000.00 (Fi…

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