The District Court of the Federal Capital Territory, Wuse Zone 2, Abuja, has ruled in favor of Ekebire Jonah, ordering a popular Bank in Nigeria and Aminu Hassan Anslem to jointly and severally refund N204,129 in unauthorized debits from Jonah’s account and pay N5 million in general damages.
![](https://thenigerialawyer.com/wp-content/uploads/2025/05/idrinstitute.png")
The judgment, delivered by District Judge Ekwoaba Anthony Chigozie on April 14, 2025, found Bank negligent in failing to prevent fraudulent transactions, marking a significant victory for consumer protection in Nigeria’s banking sector.
The case, Ekebire Jonah v. Bank Plc & Anor (Suit No: CV/WZII/9928/2023), stemmed from unauthorized transactions totaling N204,129 on Jonah’s account (Account No: 2081183179) between May 31 and June 1, 2021. Jonah claimed that Bank breached its duty of care by allowing the debits—two transactions of N100,053.75 each on May 31, 2021, and N3,010.75 and N1,010.75 on June 1, 2021—despite his prompt complaints. The bank alleged the funds were transferred to an account at Guaranty Trust Bank (GTB) belonging to Aminu Hassan Anslem, whom Jonah did not know.
Jonah sought eight reliefs, including a declaration of Bank ’s duty of care, affirmation of its breach, a refund of the debited sum, N5 million in general damages, and N1.5 million for litigation costs. The trial began after Jonah filed his plaint on September 1, 2023, with the Bank defending the case, while Anslem, the second defendant, neither appeared nor filed a defense.
Jonah testified and tendered three exhibits:
- Exhibit A1: His bank statement from May 31 to June 1, 2021, showing the unauthorized debits.
- Exhibit A2: A June 17, 2021, email from the Bank acknowledging his complaint, with a certificate of compliance.
- Exhibit A3: A January 19, 2022, complaint letter to the Central Bank of Nigeria’s Consumer Protection Department.
Jonah recounted reporting the initial debits to its Utako branch on May 31, 2021, filling a complaint form, and being assured a refund. Despite the Bank restricting his account, further debits occurred on June 1, 2021, while he was in the banking hall withdrawing N50,000 over the counter. He argued that the Bank failed to detach his account from its mobile banking platform or block his debit card, allowing the fraudulent transactions to persist.
The bank represented by Olarenwaju Adebowale, tendered six exhibits, including a general status report (Exhibit D1), a message chart alleging One-Time Passwords (OTPs) were sent (Exhibit D2), and a June 9, 2021, letter claiming Jonah’s credentials were compromised (Exhibit D4). the Bank argued that Jonah failed to prove negligence, asserting the transactions were authorized via OTPs and that he did not secure his account credentials.
In his final written address, Jonah’s counsel, Oluwatosin Damilola Mese, Esq., cited cases like Polaris Bank Ltd v. Atogun (2020) and GTB Plc v. Fayemiwo (2021), arguing that Bank’s negligence was evident in its failure to act promptly after his complaint. The Bank’s counsel, Chukwuma Dafe, Esq., countered that Jonah’s claims were unsubstantiated, relying on African Petroleum Plc v. Akin Soyemi (2008) to argue that he failed to prove negligence.
His Worship, Hon. Ekwoaba Anthony Chigozie framed the central issue as whether Jonah proved his case to warrant judgment. The court recognized the banker-customer relationship as contractual, imposing a fiduciary duty on UBA to prevent unauthorized withdrawals. Citing cases like Union Bank v. Adediran (1987) and Salawu v. Union Bank Ltd (1986), the court noted that banks must exercise reasonable care, while customers must safeguard their credentials and report fraud promptly.
The court found Jonah’s evidence compelling:
- He reported the May 31, 2021, debits immediately, yet the Bank failed to act, allowing further debits on June 1, 2021.
- The Bank ’s Exhibit D2, claiming OTPs were sent on May 3, 2021, was inconsistent with the transaction dates (May 31 and June 1, 2021). Adebowale’s testimony under cross-examination—that the OTPs were for mobile banking enrollment, not the transactions—undermined UBA’s defense.
- Exhibit D3, a CBN guideline, was uncertified and inadmissible as a public document, per Udo v. State (2016).
- Exhibit D4, Bank ’s self-exculpatory report, violated the principle of nemo judex in causa sua (no one should be a judge in their own case), as it was authored by the Bank staff.
The court held that the Bank breached its duty under Section 37(3) of the Cybercrimes Act 2015, which mandates reversing unauthorized debits within 72 hours of a customer’s complaint. The Bank ’s delay in contacting GTB until June 20, 2021, constituted negligence. The court also noted that Jonah fulfilled his duty by promptly reporting the fraud, and there was no evidence he compromised his credentials.
The court granted Jonah’s reliefs one through six:
- Declared that the Bank owed Jonah a duty of care.
- Affirmed Bank ’s breach in failing to prevent the N200,107.50 debits on May 31, 2021.
- Affirmed Bank ’s breach in failing to prevent the N4,021.50 debits on June 1, 2021.
- Affirmed Bank ’s failure to detach Jonah’s account from the mobile banking platform or block his debit card.
- Ordered the Bank and Anslem to refund N204,129.
- Awarded N5 million in general damages.
Relief seven (N1.5 million for litigation costs) was denied, with parties to bear their own costs. The court allowed 30 days for an appeal.
The ruling reinforces consumer protections under Nigeria’s banking laws, holding financial institutions accountable for negligence in securing customer funds. It aligns with precedents like GTB Plc v. Fayemiwo (2021), where banks were liable for unauthorized debits. The decision highlights the importance of prompt action by banks to reverse fraudulent transactions, as mandated by the Cybercrimes Act and CBN guidelines.
A timely new publication, Casebook on Privacy & Data Protection in Nigeria, co-authored by Olumide Babalola and Uchenna Nnawuchi,📘Casebook on Privacy & Data Protection in Nigeria is now available on Amazon:https://a.co/d/8TmFZrd
______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
How to Order:
📞 Call, Text, or WhatsApp: 08034917063 | 07055285878
📧 Email: benadigwe1@gmail.com
🌎 Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
_____________________________________________________________________
