Barring any unforeseen circumstance, the Managing Director of Guaranty Trust Bank (GTB), Miriam Olusanya may face trial for contempt of court over alleged blocking of a customer’s account domiciled with the bank situated at Apata branch, Ibadan, the Oyo State capital following an order purportedly obtained from a Magistrates court in Kano state.
The development followed a fundamental rights enforcement suit, marked: M/696/2023 filed by a customer of the bank, Mrs. Omolara Ogunkoya that an account she had operated without hindrance for years was suddenly placed on a lien by the bank earlier this year.
Ogunkoya said that efforts made by her to get the bank have a rethink or provide a reason for its action proved abortive thus, left her with no choice than to approach the Court since the bank refused to lift the restriction it placed on her account without offering any reason for the action.
The trial which may climax to her being held behind the bars for sometimes is believed to be giving Olusanya some sleepless nights.
The summon and possible trial for contempt of court was ordered by Justice A. L. Akintola of the High Court of Oyo state following an ex-parte motion filed by the Counsel to the Mrs. Omolara Abosede Ogunkoya being the aggrieved counsel to the Bank, Mr Musibau Adetunbi, SAN.
Going by the Court order issued on September 18, 2023, Justice Akintola specifically directed that court documents relating to the contempt proceedings be served on the Managing Director of Guaranty Trust Bank and its Apata branch Manager, Ms. Funmi Olutayo.
The Order reads in part; “The applicant herein, is hereby allowed to serve Form 48 (notice of consequences of disobedience to order) of this honourable court made on the 7th day of September 2023 and Form 49 (notice to show cause why the order of attachment) should not be made and other subsequence processes in these contempt proceedings on the Managing Director of Guaranty Trust Bank Plc, Miriam Olusanya by substituted means to wit; by pasting the said processes on the wall of, Guaranty Trust Bank Pic, Apata branch/business office, Ibadan Oyo state.”
It was gathered that the contempt case was informed by the bank’s alleged refusal to obey the court orders contained in a judgment delivered on September 7, 2023 directing it to, among others immediately lift the restriction it placed on Mrs. Ogunkoya’s account.
Delivering judgment on the suit on September 7, Justice Akintola, held that the bank’s action was unjustified, stressing that the order on which the bank relied upon was doubtful.
Justice Akintola declared; “It is doubtful if the enrolled order of the Kano Chief Magistrate Court, attached as Exhibit B to the respondent (the bank) counter affidavit is a certified true copy of such an order.
“To the extent that it purports to be a public document but, which is not certified as a true copy of the original, this court cannot take cognizance of same.
“In the end result, the basis upon which the respondent (GTBank) has placed the lien or embargo on the applicant’s account maintained with the respondent is of doubtful validity, and same cannot be recognized or given any effect to by this court.
“It is on this premise that this court finds merit in the applicant’s application, and the same accordingly succeeds. It is consequently, hereby ordered as prayed,” the trial judge declared.
The Court also held that GTBank’s placement of lien or seizure of Mrs. Ogunkoya’s account amounted to a violation of her right to own property guaranteed under Sections 43 and 44 of the Nigerian Constitution.
It therefore ordered the bank to immediately lift the restriction on the account. But, the bank failed to comply with the order of the Court, a development that led Mrs. Ogunkoya to resort to the court to press for contempt proceedings to compel GTBank to comply with the subsisting orders of the court.
