The Court of Appeal in Abuja has ordered a popular commercial bank to pay N540 million that a High Court of the Federal Capital Territory (FCT) awarded against it for defaming a preacher, Emmanuel Omale, of the Divine Hand of God Prophetic Ministry, and his wife, Deborah.
In a judgment delivered on October 4, 2022, Justice Yusuf Halilu of the FCT High Court held that the bank recklessly breached the duty of care it owes to the claimants – Omale, his wife, and their church – by making false claim that former Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, paid N573 million to the church’s account.
The Court of Appeal, in a ruling on February 1, rejected the bank’s request for a stay of execution of the judgment pending the determination its appeal, as prayed in a motion on notice it filed.
Instead, a three-member panel, presided over by Justice Muhammed Shuaibu, granted a conditional stay of the execution of the judgment by ordering the bank to pay the judgment sum of N540 million into an interest-yielding account in the name of the court’s Chief Registrar.
In an enrolled copy of the ruling our correspondent sighted yesterday, the appellate court said: “The application is granted as prayed in terms of the first prayer in the appellant’s motion filed on 3/11/2022.
“Consequently, conditional stay of execution of the judgment is hereby granted to the appellant.
“The condition being that the judgment sum shall be deposited into an interest-yielding bank account of the court to be opened by the Chief Registrar of this court within 48 hours of the grant of this order.”
The court adjourned further hearing till a date to be communicated to parties by the court’s registry.
The conditional stay granted by the Court of Appeal was alternatively conceded by the respondents – Omale, his wife, and the church – in their counter-affidavit to the appellant’s motion, which they had sought to be dismissed.
The October 4 judgment by Justice Halilu was on a defamation suit filed by Omale, his wife, and the church against the bank.
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During the investigation of Magu by the Justice Isa Salami-led presidential investigation panel, it was claimed that an investigation by the Nigerian Financial Intelligence Unit (NFIU) revealed that the ex-EFCC chairman paid N573 million into Omale’s church’s account for allegedly buying a property in Dubai, the United Arab Emirates (UAE).
Justice Halilu held that evidence before his court showed that the bank admitted that there was an error in its report to the NFIU in its entries into Divine Hand of God Prophetic Ministry’s account.
The judge also held that the bank’s claimed that the purported N573 million was wrongly reflected as credit entry in Divine Hand of God Prophetic Ministry’s account by its reporting system, which it recently upgraded.
Justice Halilu said the bank admitted the error, which caused incalculable damage to the reputation of the claimants within and outside the country.
He also held that the claimants provided sufficient evidence to establish a case of negligence against the bank.
Justice Halilu awarded N200 million as aggravated damages, N140,500,000 as specific damages, and N200 million as general damages.