AMCON secures post no-debit order against Kaduna business tycoon, two more over N1.7bn debt

From Sola Ojo, Kaduna

A federal high court sitting in Kaduna has issued a post-no-debit (PND) order against a Kaduna business tycoon, Alhaji Bawa Garba, ABG Communications and Engr Mohammed Bawa Garba, who are respondents in a lawsuit.

A post-no-debit means that all debit transactions, including those involving the use of automated teller machines (ATMs) and checks on an account, have been suspended, but money can be deposited into that account .

Plaintiff, Asset Management Corporation of Nigeria (AMCON) applied to the court in an ex parte motion dated March 28, seeking a post non-debit order on the accounts managed by the Respondents/Defendants pending determination/ elimination of N1.7 billion debt collection procedure.

The applicant, through his lawyer, lawyer AA Salisu, Esqexplained that the sum is made up of the principal debt and accrued interest against the defendants pursuant to Section 50 of the AMCON Laws of 2019 (as amended).

In the ex-parte motion, AMCON also requested a court order for a post-non-debit on all funds of any BVN-related account belonging to the 2nd and 3rd defendants/respondents pending the determination/outcome of the procedure. for debt collection.

Attorney Salisu further sought an order enjoining the following banks: Access Bank Plc, Ecobank Nigeria Plc, Fidelity Bank Plc, First Bank Plc, First City Monument Bank PLC, Guaranty Trust Bank PLC, Heritage Bank Plc, Keystone Bank Limited, Polaris Bank Plc, Stanbic IBTC Bank Plc, Standard Chartered Bank, Sterling Bank Plc, Union Bank of Nigeria Plc, United Bank for Africa Plc, Unity Bank Plc, Wema Bank of Nigeria Plc, Zenith Bank Plc, Jaiz Bank Plc and Taj Bank Plc , to file an affidavit with the Court disclosing any amount in the name of the Respondents/Defendants and remaining to their credit and any sums therein as of the date of service of the Court Order on the Banks.

In the meantime, the Presiding Judge, Judge MG Umar, after hearing and reading the affidavit in support of the 26 paragraphs and 4 exhibits filed by a certain Aminu Sada, therefore granted the post non-debit order on all accounts related to the 1st accused with the following banks: Access Bank Nigeria Plc, Eco Bank, Fidelity Bank, First Bank, Heritage Bank, Keystone Bank, Polaris Bank, UBA Bank, Union Bank, Unity Bank and Zenith Bank pending determination/termination of debt recovery proceedings consisting of principal debt and accrued interest against defendants pursuant to Section 50 of the AMCON Act 2019 (as amended).

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The order signed by Principal Registrar 1, Maryam Abdulsalam, Esqalso granted a post non-debit order on all funds in the accounts belonging to the 2nd and 3rd defendants/respondents pending determination/termination of debt collection proceedings consisting of principal debt and accrued interest against the Defendants/Respondents pursuant to Section 50 of the AMCON Laws 2019, as amended.

The court granted plaintiff’s order requesting said banks to file an affidavit, therefore, the court disclosing any amount on behalf of the respondents/defendants and representing their credits and any amount from the date of service of the order of the courtyard on the banks.

The judge adjourned the case to May 10, 2022 for a hearing.