By Godwin Edeh
A High Court sitting in Makurdi, the Benue State capital, presided over by Justice Aondoaver Kaka’an, the Chief Judge of Benue State, has struck out a case in favour of First Bank Nigeria PLC.
The plaintiff, Mr Charles Okeke had earlier, approached the court seeking among other prayers an order compelling the bank to pay him the sum of N159,914 and N41,661 respectively.
In addition, the plaintiff sought an order of court compelling First Bank Nigeria PLC to pay the plaintiff (Mr Charles Okeke) the accrued interest from the deposits made at 5% monthly since the year the accounts were opened in 1978.
Also, he sought an order of the court directing the defendant (First Bank Nigeria PLC) to pay the sum of N30M only as general damages.
Charles Okeke had earlier, in February 1978 opened both savings and current accounts with the bank with savings account number 2041 with the sum of N118,210 and current account number 0055034 with the sum of N41,661 as deposits respectively.
Represented by his Counsel, Barr Francis Augustine Esq, he tendered before the court a current account deposit slip, a cheque booklet which were marked as exhibit B and C and were also admitted in evidence.
Barr Augustine told the court that the customer-banker relationship continued until in 1990 when his client, Mr Okeke was to revalidate his account during the bank verification exercise after several contacts with the bank through its staff failed to yield the desired result. This prompted him to write the bank through his Counsel on 24 March and 2 October, 2019 without any reply from the bank.
However, in her submission before the court, Counsel to First Bank Nigeria PLC, E.C Onjefu Esq, denied the existence of the accounts nor her client issuing any receipt in that regard or advising Mr Okeke to revalidate his account in 1990 or any time at all.
Barr Onjefu told the court that, there is no banker-customer relationship as claimed by the counsel to the plaintiff as there was no withdrawal or further payments into the accounts insisting that the court action instituted has been over taken by time and so he is not entitled to the relieves sought. She counter claimed the sum of N2M only as payment for solicitor’s fees and cost of legal representation.
Delivering his judgment, Justice Kaka’an stated that “the cause of action arose as soon as the combination of facts giving the right to complain accrued or occurred but the plaintiff (Mr Okeke) went to sleep only to wake up in 2019, 29 years later to get his counsel to make the various exhibits.”
Justice Kaka’an further stated that the relationship between the parties if any existed was purely contractual and in Benue State which is the limitation of this matter. He cited section 18 Cap 96 Revised laws of Benue State 2004 which states that: “No action founded on contract tort or any other action not specially provided for in part 1 and 2 of this law shall be brought after the expiration of five years from the date on which the cause of action accrued.”
He added that, therefore, the defeat of Mr Okeke as he is coming more than five years after the cause of action and is so held by the court.
On the whole, he stated that the court lacks the jurisdiction to entertain the suit and is accordingly struck out and with it, the counter claim of the defendant (First Bank Nigeria PLC).