Hearing in the suit filed by a customer, Dr. Eke Agbai against First Bank Nigeria Limited, over N550m he said was lodged in the bank over a decade ago has been adjourned to May 15, following two pending motions by the defendant.
Recall THE WHISTLER had reported that Dr. Agbai is demanding the return of a N550 million fixed deposit he said he deposited at the bank’s Abiriba branch over a decade ago, claiming the funds have since gone missing from the bank’s system.
The plaintiff said the deposit was made following a direct appeal from First Bank’s former Group Managing Director, Elder U.K. Eke, to help sustain the bank’s presence in the Abiriba community.
At the last sitting on March 11th, the Abia State High Court in Umuahia directed that key witnesses, including current and former First Bank executives, be subpoenaed to appear at the next hearing.
However, According to proceedings monitored in court on Wednesday, the presence of the pending motions served just two days before the March 26 sitting made it impracticable to proceed with hearing on the main matter.
One of the motions seeks to restrain the plaintiff, Dr. Eke Agbai, from writing articles or making public statements concerning the ongoing case.
The defendant also seeks to join a staff member of the bank, whose involvement in the disputed transactions has now been admitted by the defendants, as a co-defendant.
Counsel to the plaintiff, is yet to respond to the motions.
“The court cannot proceed with hearing while a motion is pending. Once all parties file their processes, the motions will be heard,” counsel to the plaintiff told journalists after the court session.
Though the first motion bars Dr. Agbai from public commentary, the court has not yet issued any restraining order.
Legal experts argue that there is no prejudice in publicly acknowledging the existence of a court case, especially when it concerns matters of public interest.
“Journalists owe a duty to report issues of public interest. Saying a matter is in court is not deciding the case; it’s simply stating a fact,” Barr. Ebuka noted.
Dr. Agbai maintains that First Bank must take full responsibility for the alleged mishandling of his funds and is demanding interest on the deposit as well as N1 billion in damages.
THE WHISTLER reports that the case, which has drawn attention due to its implications for banking accountability and customer relations, is expected to continue after the court rules on the motions at the next hearing.
