How DSS And Guaranty Trust Bank Connived To Illegally Freeze Sowore’s Accounts Since 2019 Using An Illegal Abuja Magistrate Court Order Alleging He Was Involved in Terrorism Financing
The Guaranty Trust Bank (GTB) has in a filing before the Federal High Court in Lagos State, explained and exposed how it conspired with the Department of State Services (DSS) to illegally freeze the bank accounts of human rights activist and pro-democracy campaigner, Omoyele Sowore.
The bank connived with the DSS to freeze the accounts of Sowore after he was illegally arrested by the secret police in August 2019.
The bank revealed this in an counteraffidavit, which one of its officials, John Okojie, deposed to Sowore’s originating summon dated October 11, 2024.
The DSS and GTB continue to freeze the bank accounts of Sowore since 2019 despite the striking out of the treasonable felony charges against him by the Federal High Court in Abuja.
SaharaReporters had on February 19, 2024, reported that the Federal High Court in Abuja struck out the treasonable felony charges against Omoyele Sowore and Olawale Bakare.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), had in a notice addressed to the court, expressed his intention to discontinue the case against Sowore.
Justice Emeka Nwite thereafter struck out the charges and discharged Sowore and Bakare. He also ordered that all items seized from the defendants by the DSS be returned.
SaharaReporters had also reported in October that Sowore filed a lawsuit against the Guaranty Trust Bank (GTB), seeking N100million in damages.
The legal action follows the freezing of his accounts since 2019, which Sowore said, violates his fundamental right to property
The suit, filed by his counsel Inibehe Effiong Esq., is at the Federal High Court of Nigeria, Lagos Judicial Division, with case number FHC/L/CS/ /2024.
Sowore, a prominent critic of corruption and human rights abuses in Nigeria, is demanding compensation for the damage caused by the prolonged freeze on his bank accounts.
According to court documents, Sowore opened accounts with GTB in 2015.
He stated that the bank froze these accounts in 2019 without providing any valid reason or notifying him, thereby restricting his access to his funds.
The lawsuit asserts that this action constitutes a violation of his constitutional rights and has caused him significant financial hardship and emotional distress.
“The arbitrary freezing of my client’s accounts without due process is not only unlawful but also a blatant infringement on his fundamental rights,” stated Inibehe Effiong, Sowore’s legal counsel.
Meanwhile, in the counteraffidavit by the GTB, seen by SaharaReporters on Saturday, the bank official said, “I am an employee of Guaranty Trust Bank Ltd (“the Bank” or “the Respondent”), the Respondent in this Suit and do have the consent of my Employer to make this Oath.
“I am a Compliance Offer in charge of ensuring the Bank abides by all applicable laws, regulations and internal policies.
“3. By virtue of my office and responsibilities, I am very familiar with the facts and circumstances of this Suit. I also know for a fact that: a. the Court Order dated 17 October 2019 attached to the DSS’ letter. Exhibit GTB 1, expressly ordered the Respondent to “place all the above accounts on Post- No-Debits”.
“b. The Applicant’s Accounts mentioned in the Court Order are the same as those contained in the DSS’ letter – Exhibit GTB 1.
“c. The reasons given for obtaining the Court Order are for offences of treasonable felony and terrorism financing. A copy of the Court dated 17 October 2019 is attached and marked as Exhibit GTB 2.
“d. directed the Respondent “to place the Accounts on a Post-No-Debit (PND). e. stated that the “request is made pursuant to Section 4 (4) & (5) of the CBN (AML &CFT) Regulations, 2013. See also, Court Order as attached.
“f. directed the Respondent to “treat with utmost dispatch…” A copy of the DSS’ letter dated is attached hereof and marked as Exhibit GTB 1.
“9. I know for a fact that based on the contents of Exhibits GTB 1, 2 and 3, the Respondent eventually placed a Post-No-Debit on the Listed Accounts of the Applicant to his knowledge.
“10. Further to paragraph 9 above, I know as a fact that: a. The Respondent is bound to obey and comply with the directives and instructions of the Federal Government of Nigeria, acting through any of its agencies, including the DSS.
“b. the Respondent has not received any contrary directive from the Federal Government of Nigeria through the Department of State Services to lift the said Post-No-debits on the Applicant’s Accounts, neither is there any Court order to so do.”
In the suit, Sowore is requesting the court to order GTB to unfreeze his accounts immediately and to award him N100million as damages for the alleged violation of his rights.
According to Sowore, “Despite my demand letter, the Respondent has refused to lift the restriction it placed on my accounts neither has it paid any form of compensation to me.
“I state for a fact that since the restriction placed on my accounts, I have been unable to access the funds contained in those accounts.”
He said, “My inability to access the funds in my restricted accounts have also frustrated my business activities as I have overdue bills and expenses which I am yet to discharge.
“The Respondent’s restriction on my accounts has caused me huge financial embarrassment as on various occasions, I have had to borrow money from people in order to meet my day-to-day needs.
The charge read, “A DECLARATION that the Respondent’s act of freezing and restricting the Applicant’s accounts with Account Numbers: (1) 0169510647 (Current Account); (2) 0169510867 (Savings Account); (3) 0169510850 (Current Account); (4) 0171422811 (Master Card/Visa Debit Account Type) and Account Name: SOWORE OMOYELE STEPHEN respectively, all domiciled with the Respondent; Guaranty Trust Bank Ltd is unlawful, unconstitutional, null and void and a breach of the Applicant’s right to property guaranteed by the provisions of Section 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 14 of the African Charter of Human and Peoples Rights (Ratification And Enforcement) Act LFN 2010.
“AN ORDER of this Honourable Court directing the Respondent to lift the restriction placed on the Applicant’s accounts with Account Numbers: (1) 0169510647 (Current Account); (2) 0169510867 (Savings Account); (3) 0169510850 (Current Account); (4) 0171422811 (Master Card/Visa Debit Account Type) and Account Name: SOWORE OMOYELE STEPHEN respectively, all domiciled with the Respondent; Guaranty Trust Bank Ltd.
“AN ORDER of perpetual injunction restraining the Respondent whether by itself, its agents, privies/ or servants from unlawfully interfering with the Applicant’s accounts with Account Numbers: (1) 0169510647 (Current Account); (2) 0169510867 (Savings Account); (3) 0169510850 (Current Account); (4) 0171422811 (Master Card/Visa Debit Account Type) and Account Name: SOWORE OMOYELE STEPHEN respectively, all domiciled with the Respondent; Guaranty Trust Bank Ltd.
“AN ORDER of this Honourable Court mandating the Respondent to pay to the Applicant the sum of 100,000,000.00 (One Hundred Million Naira) as general damages for the unlawful freezing of the Applicant’s accounts with Account Numbers: (1) 0169510647 (Current Account); (2) 0169510867 (Savings Account); (3) 0169510850 (Current Account); (4) 0171422811 (Mater Card/Visa Debit Account Type) and Account Name: SOWORE OMOYELE STEPHEN respectively, all domiciled with the Respondent; Guaranty Trust Bank Ltd.
“AN ORDER of this Honourable Court mandating the Respondent to pay to the Applicant the cost of prosecuting the instant suit.
“AND ANY OTHER ORDER (S) as the Honourable Court may deem fit to make in the circumstance of the case.
It continues, “I state for a fact that for years, specifically since 2019, all of the above-listed accounts which I opened with the Respondent have remained frozen, rendered inaccessible and inoperable by the Respondent.
“Up to date, the Respondent has not offered me any satisfactory and formal explanation in respect of the restriction it placed on my accounts.
“I have lodged several complaints yet the Respondent has refused to lift the restrictions placed on my accounts.
“I state for a fact that through my Solicitor, Iboroabasi Ntong, Esq. of Inibehe Effiong Chambers, I wrote a demand letter demanding that the Respondent lift the restrictions placed on my accounts and pay me compensation for the prolonged restrictions placed on my accounts which have incapacitated me from carrying out banking transactions and impeded my legitimate businesses and affairs.
“The demand letter is dated 23rd April, 2024, and it was duly served on the Respondent. A copy of the Demand letter dated 23rd April 2024 written to the Respondent through my Solicitor is hereby attached and marked as Exhibit “A”,” he added.
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