Court  Orders  Post No Debit  On  Kaduna Business Mogul, ABG, Two Others  Over N1.7bn Debt

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By; JACOB ONJEWU DICKSON 


A Federal High Court sitting in Kaduna has granted an order of  Post No Debit  (PND) on a Kaduna business mogul, Alhaji Bawa Garba, ABG Communications, and Engr. Mohammed Bawa Garba, accounts who are respondents in a suit no. FHC/KD/AMC/1/2022.

The Applicant, Asset Management Corporation of Nigeria (AMCON)  approached the court in a Motion Ex-parte dated March 28, 2022, praying for an order for a Post No Debit (PND) operated by the respondents/defendants pending the determination/disposal of the proceedings for the recovery of debt of N1, 738,704,474.01 (one billion, seven hundred and thirty eight million, seven hundred and four thousand, four hundred and seventy four Naira)

The applicant through its lawyer, Barrister A.A. Salisu Esq., explained that the sum is 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), also sought an order of the Honourable Court for a Post No Debit (PND) over any funds in any account linked to the BVN belonging to the 2nd and the 3rd defendants/respondents pending the determination/disposal of the proceedings for the recovery of the debt.

Barrister Salisu Esq. further sought 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 1st defendant with the following banks: Access Bank Nigeria PLC, Eco Bank, Fidelity Bank, First Bank, Heritage Bank, Keystone Bank, Polaris Bank, UBA, Union Bank, Unity Bank, and Zenith Bank 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 2nd and 3rd 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 before the honourable 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 hearing.

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