The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has accused Access Bank PLC of unethical conduct in changing the authorized signatories to its account without the knowledge and consent of the lawful signatories.
In a letter dated July 5, 2024, addressed to the Managing Director of Access Bank PLC, Adedolapo Adeyemi, NBA-SPIDEL Chairman John Aikpokpo-Martins stated that the mandate and signatories to the account had been “surreptitiously and clandestinely changed” to unknown names and non-members of NBA-SPIDEL based on a purported resolution of the Nigerian Bar Association National Executive Committee (NBA-NEC).
Aikpokpo-Martins emphasized that the validity and constitutionality of the NBA-NEC resolution are currently being challenged in two ongoing court cases at the Effurun and Warri divisions of the Delta State High Court.
The letter further stated that no lawful change could be made to the account except with the written consent and authority of the lawful signatories, namely John Aikpokpo-Martins, Funmilola Adeogun, and Chinedu Obienu, or by an order of the court.
NBA-SPIDEL accused Access Bank of tampering with the mandate of their account, describing the bank’s actions as not only unethical but also bordering on criminal conspiracy due to the bank’s alleged refusal to follow proven banking rules and procedures.
The association demanded that Access Bank immediately revert to the original mandate and restore the right of the lawful signatories to operate the account. The letter concluded with a warning that failure to comply with this demand would result in NBA-SPIDEL seeking redress through the appropriate court and/or statutory bodies.
Read the full letter below.
Friday, July 5, 2024
The Managing Director
Access Bank PLC.,
211A Muri Okunola Street
Victoria Island
Lagos
Attn: Adedolapo Adeyemi
Dear Sir,
RE: Change of Authorized Signatories To Account No. 0775676671 Of NBA-SPIDEL.
It has come to our knowledge that you have changed the signatories to the NBA- SPIDEL account without the knowledge, authority, and consent of the lawful signatories ie, John Aikpokpo-Martins, Funmilola Adeogun, and Chinedu Obienu.
It has further come to our knowledge that the mandate and signatories to the said account have been surreptitiously and clandestinely changed contrary all known banking rules and procedures to some unknown names and non-members of NBA-SPIDEL based on a purported resolution of NBA-NEC without recourse to the said signatories.
Please be informed that the matter as to the validity, constitutionality or otherwise of the resolution of NBA-NEC are pending in Suit Nos: EHC/40/2024: John Aikpokpo-Martins & Anor vs Yakubu Maikyau, SAN & 2 Ors and W/128/2024: John Aikpokpo-Martins vs Ben Oji & Anor at the Effurun and Warri divisions of the Delta State High Court.
We need not tell you, therefore, of the legal implications of your unethical actions.
However, may we inform you that no lawful change can be made to the said account except with the written consent and authority of the above-named signatories or of an order of court.
Be further informed that we take strong exception to your tampering with the mandate of our account which is not only unethical, but also borders on criminal conspiracy by your wilful refusal, neglect or failure to have recourse to us in line with proven banking rules and procedures.
TAKE NOTICE that we hereby demand that you immediately revert to our mandate and right of operating the account forthwith. Be warned that should you, however, proceed to disregard this simple demand, we would have no other option than to have recourse to the appropriate court and/or statutory bodies for redress.
Thank you and we hope that you will do the needful without further ado.
Respectfully,
John Aikpokpo-Martins
(Chairman, for himself and on behalf of the Executive Committee)
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