From Sola Ojo, Kaduna
A Federal High court sitting in Kaduna has granted an order of post-no-debit (PND) against a Kaduna businessman, Alhaji Bawa Garba, ABG Communications, and Engr Mohammed Bawa Garba, who are respondents in a suit no. FHC/KD/AMC/1/2022.
A post-no-debit simply means that all debit transactions, including those involving the use of automated teller machines (ATMs) and cheques, on an account have been suspended but money can be deposited into such an account.
The Applicant, Asset Management Corporation of Nigeria (AMCON) had approached the court in a motion ex parte dated March 28, 2022, praying the court for an order for a post-no-debit on the accounts operated by the respondents/defendants, pending the determination/disposal of the proceedings for the recovery of debt of N1, 7 billion.
The applicant, through its lawyer, Barrister A.A Salisu Esq, explained that the sum was made up of the principal debt and accrued interest against the defendants pursuant to section 50 of the AMCON Acts, 2019 (as amended).
In the motion ex parte, the applicant (AMCON), is also seeking an order of the court for a post-no-debit over any funds in any account linked to the BVN belonging to the second and third defendants/respondents, pending the determination/disposal of the proceedings for the recovery of the debt.
Barrister Salisu Esq. is further seeking an order directing the following banks: Access Bank Plc, Ecobank Nigeria Plc, Fidelity Bank Plc, First Bank Plc, First City Monument Bank PLC, Guaranty Trust Bank PLC, Heritage Bank Plc, Keystone Bank Limited, Polaris Bank Plc, Stanbic IBTC Bank Plc, Standard Chartered Bank, Sterling Bank Plc, Union Bank of Nigeria Plc, United Bank for Africa Plc, Unity Bank Plc, Wema Bank of Nigeria Plc, Zenith Bank Plc, Jaiz Bank Plc, and Taj Bank Plc, to file an affidavit before the Court disclosing any amount in the name of the respondents/defendants and standing to their credit and any sum, therein, as of the date of service of the order of the court on the banks.
Meanwhile, the presiding Judge, Justice M.G Umar, having heard and read the affidavit in support of 26 paragraphs and four exhibits deposed by one Aminu Sada, therefore,
granted the order of post-no-debit on all accounts linked to the first defendant with the banks, pending the determination/disposal of the proceedings for the recovery of debt made up of the principal debt and accrued interest against the defendants pursuant to section 50 of the AMCON Act, 2019 (as amended.
The order signed by the principal Registrar 1, Maryam Abdulsalam Esq, also granted an order of post-no-debit over any funds in accounts belonging to the second and third defendants/respondents, pending the determination/disposal of the proceedings for the recovery of the debt made up of the principal debt and accrued interest against the defendants/respondents pursuant to section 50 of the AMCON Acts, 2019 as amended.
Similarly, the court granted the order by the applicant seeking the said banks to file an affidavit, therefore, the court disclosing any amount in the name of the respondents/defendants and standing to their credits and any sum, therein, as of the date of service of the order of the court on the banks.
The judge, therefore, adjourned the case to May 10, 2022, for a hearing.