An indigenous Company, Haril Global Solutions Limited has dragged Globus Bank before the High Court of the Federal Capital Territory seeking N10bn damages from the financial institution over alleged breach of contract.
The company is praying the Court for an order compelling Globus Bank to pay it the huge sum for breaching of loan contract entered with it.
The request for N10bn payment is outlined in a writ of summons instituted against the bank in suit number FCT/ ABJ/ CV/1456/2024.
The company contends that the bank allegedly carried out multiple transactions on its account without its knowledge or authorization, thereby failing to comply with the terms and conditions of the loan agreement.
In the writ of summons filed on its behalf against the bank by an Abuja lawyer, Pelumi Olajengbesi, the company alleged that despite the defendant breaching a contract terms with it, it wrote to Access Bank, Fidelity Bank and Wema Bank, allegedly misrepresenting facts.
As a result of facts mis-representation, the plaintiff claimed that the three banks placed a “post no debit” on all its accounts held with them.
In the claimant’s statement on oath, deposed by Oluwaseun Onobun, a Director at Haril Global, he averred that on December 7, 2021, Globus Bank sent a letter to his company offering an overdraft loan facility of N500,000,000.00 to augment the claimant’s working capital, with a tenor of one year.
He stated that the offer letter was duly signed , signifying the company’s acceptance of the offer from Globus.
The witness indicated that the express terms and conditions of the overdraft loan facility specified that the loan was provided at an interest rate of 16% per annum and that Globus Bank was to maintain a Debt Service Reserve Account (DSRA) funded with at least two months’ interest cover for the duration of the facility.
Furthermore, the offer letter stipulated that if funds were withdrawn from the DSRA to cover a shortfall in debt service, the company was required to restore the credit balance of the DSRA to an amount equal to two months’ interest within two days. Failure to do so would constitute an event of default under the facility.
He argued that due to the longstanding cordial relationship between the claimant and Globus Bank and the fact that the claimant never defaulted on the contract terms, the defendant offered to increase the overdraft loan facility from N500M to N1bn on July 14, 2022, to meet the claimant’s operational cash flow requirements for a year.
He further stated that after the completion of the initial one year loan arrangement and the smooth business relationship, the facility was increased to N5bn, then to N7bn and finally to N8bn in August 2023 at various times.
He maintained that the claimant, from 2021 to 2023, when the overdraft loan facility was initiated and reviewed with increments, promptly paid all rates, charges and interest, including N734,215,998.84 as interest on the facility between April 2023 and January 2024.
The deponent stated, that “however, to the claimant’s dismay, on November 22, 2023, the claimant noticed a significant reduction in the agreed overdraft with an available balance from over N4bn and the N8nn duly granted to a surprising N223M,” he submitted.
He said that on December 13, 2023, following inquiries, Globus Bank sent a doctored statement of account dated December 13, 2023, containing transactions the claimant was unaware of.
He stated that the claimant responded to an email from the defendant on December 14, 2023, seeking clarity and reports on the overdraft and collection accounts.
The claimant requested detailed information on all debit and credit transactions, including transactions IDs, dates and amounts noting missing information in the defendant’s December 21, 2023 email, which suggested intentional omission to create confusion.
He stated that Globus Bank later confirmed an erroneous transfer occurred from the claimant’s overdraft account to the claimant’s operating account.
He said that it was based on the banks disclosure of erroneous transfers that the claimant requested for the details of the transaction via emails.
“At the referenced meeting, the defendant promised to restore the claimant’s Corporate Internet Banking profiles to enable the claimant to manage their liquidation, view their balance, and download statutory reports (the same reports the defendant refused to send to the claimant), but the defendant failed to do so,” he submitted.
He said that amidst these developments, Globus Bank continued collecting undue interest from the claimant despite the claimant being unable to conduct business due to restrictions placed on their account due to suspicious transactions.
“As a result of the ‘Post-No-Debit’ placed on the claimant’s accounts, the claimant has lost the business goodwill of her clients and has incurred a gross loss of Ten Billion Naira (N10,000,000,000.00) due to the inability to conduct business with all accounts held with the defendant, Access Bank, Fidelity Bank and Wema Bank,” he stated.
The claimant subsequently asked the Court to impose N10 billion in damages on Globus Bank while ordering the bank to return the several millions withdrawn from its accounts.
The claimant’s lawyer argued that the bank’s claims of erroneous transactions are doubtful, as the bank had imposed restrictions on the loan facility from the beginning, preventing his client from solely withdrawing from the claimant’s overdraft account.
He added that the claimant had consistently maintained a Debt Service Reserve fee of not less than N100M with the bank as a precaution against any default, which his client never committed.
In response, the bank denied the allegations made by the claimant.
In the bank’s counter affidavit, deposed to by Tamunosiki Wakama, a litigation clerk, it was stated that the relief sought by the company is not in the interest of justice and should be dismissed.
The court has scheduled January 13 and 14, 2025, for the hearing of the case.