Wednesday, May 20, 2026 - A High Court of the Federal Capital Territory, presided by Justice Christopher Oba, has ordered Globus Bank Ltd to pay a total of N256 million to an Abuja-based company, Haril Global Solutions Ltd, for breaching a contractual agreement.
In the suit marked; FCT/HC/CV/1456/2026, Haril Global
Solution Ltd, Chinedu Mba, Idris Olayiwola and the Economic and Financial
Crimes Commission, EFCC, were listed as Defendants to the counterclaim filed by
the bank.
The Claimant filed the suit by way of Writ of Summons,
wherein it complained of breach of contractual agreement and wrongful
deductions running into millions of naira by the bank.
Delivering judgement on the matter, Justice Oba declared
that there was a valid and subsisting contract between the Claimant and the
Defendant, pursuant to the letter of offer of facility dated July 4, 2023,
signed by both the Claimant and the Defendant and the Overdraft Facility
Agreement executed between the Claimant and the Defendant dated July 4,
2023.
Subsequently, the Court made a declaration that the Claimant
is entitled to the return of the Debt Service Reserve Fee Sum of One Hundred
and Nine Million Naira (N109M) wrongfully withdrawn by the Defendant from the
Claimant’s Debt Service Reserve Account with account number 4000006572 and
transferred to the Claimant’s Overdraft with account number 1000085336 on
December 29, 2023, contrary to the Overdraft facility Agreement executed
between the Claimant and the Defendant dated July 4, 2023 and the letter of
offer of facility dated July 4, 2023.
The Court also mandated the Defendant to return the sum of
Twenty-Six Million, Seventy-Six Thousand, Three Hundred and Eighty-Eight Naira
Thirty-Two, kobo (N26,076,388.32) wrongfully withdrawn on January 31, 2024,
from the account of the Claimant with account number 1000085336 as interest
despite the fact that a Post-No-Debit has been placed on the Claimant’s account
as a result of which the Claimant could not carry out his business.
In addition, the Judge ordered Globus Bank to return the sum
of Fifteen Million Naira (N15,000,000.00) wrongfully withdrawn from the account
of the Claimant on February 6, 2024, with account number 1000085336, with
interest despite the fact that a Post-No-debit has been placed on the Claimant
as a result of which the Claimant could not carry out its business.
The Court equally ordered the Defendant to pay the Claimant
Five Million Naira (N5M) as general damages for breach of contract, as well as
pay the Claimant the sum of One Million Naira (N1m) as the cost of this suit.
According to the Court, the Defendant breached the accepted
Letter of offer of facility dated July 4, 2023, overdraft facility agreement
executed between the Claimant and the Defendant dated July 4, 2023.
“A declaration of this honourable court is hereby made that
the contract between the Claimant and the Defendant pursuant to the Letter of
offer of facility dated the 4th July, 2023, and the Overdraft Facility
Agreement executed between the Claimant and the Defendant dated 4th day of July
2023, is discharged by the breach occasioned by the Defendant.
“A declaration of this Honourable Court is hereby made that
the defendant is liable to the Claimant for breach of contract thus liable to
pay the Claimant
general damages for breach of contract.
However, the court dismissed the counterclaim by Globus Bank
on the ground that it failed to adduce credible evidence to establish its
claims for fraud or unlawful interference with the contract terms by Haril
Global Solutions Ltd.
The Counter-Claimant had alleged that the Claimant
manipulated the system by debiting other merchants to credit its own account.
“However, no evidence was led to show which specific
merchants were debited or to provide testimony from such third parties, the
court stated.
Regarding the Police investigation report (Ex Q1-2), the
court stated that the report did not indict the Claimant for the alleged fraud,
noting that the report mentioned a figure of N900 million, which was vastly
different from the N2.5 billion sought in the Counter-Claim.
The Judge held that the Police Investigation Report was a
mere report and not a judicial pronouncement that the court can use to
determine the allegation of fraud against the Claimant.
“Consequently, the Counter-Claimant has failed to provide
cogent, credible, and compelling evidence to establish its claims for fraud or
unlawful interference with trade.
“The reliefs sought in the Counter-Claim are declaratory and
monetary in nature, and such reliefs cannot be granted on the basis of
unsupported allegations or documents that have been expunged by the Court.
“In the circumstances, I find that the Counter-Claimant has
failed to discharge both the legal and evidential burden of proof required by
law.
“I hereby dismiss the counter-claim in its entirety for lack
of merit. On the whole, the case of the Claimant succeeds” Justice Oba
said.
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