UBA seeks to recover $6.759m from Polaris Bank

By ROBERT EGBE

The Federal High Court in Lagos has restrained Integrated Energy Distribution and Marketing Company Ltd and Polaris Bank from tampering with funds standing to their credit up to $6,759,000 or its equivalent in any currency in 25 banks, the Debt Management Office and Federal Ministry of Finance.

Justice Daniel Osiaigor, who made the interim order of Mareva Injunction, held that it subsists pending the hearing and determination of a motion on notice filed against the duo by the United Bank for Africa (UBA) Plc.

The July 2 order followed UBA’s June 29 application filed and argued by its counsel Temilolu Adamolekun who appeared with Gbenga Akinde-Peters supported by an affidavit sworn to by Anike Isinguzo and exhibits attached.

Integrated Energy Distribution and Marketing Company Ltd and Polaris Bank are the first and second respondents in the suit numbered FHC/L/CS/714/21.

The third to 26th respondents are Access Bank Plc, Citibank Nigeria Ltd, Diamond Bank Plc, Ecobank Nigeria Ltd, Enterprise Bank Ltd, Fidelity Bank Plc), First Bank of Nigeria Plc., First City Monument Bank Plc, Globus Bank Limited, Guaranty Trust Bank Plc, Heritage Bank Plc and Jaiz Bank Limited.

Others are Keystone Bank Limited, Polaris Bank limited, Providus Bank Limited, Stanbic IBTC Bank Nigeria Ltd, Standard Chartered Bank Ltd, Sterling Bank Plc, SunTrust Bank Nigeria Limited, Titan Trust Bank Limited, Union Bank Plc, Unity Bank Plc, Wema Bank Plc and Zenith Bank Plc.

The 28th and 29th respondents are the DMO and Finance Ministry.

The court further restrained the third to 26th respondents or their agents from releasing the sum to the defendants.

The order also stopped the first defendant from dealing with any of the monies standing to its credit in all of its accounts, or any money in which it has any interest held on its behalf with the 27th to 29th respondents up to $6,759,000 or its equivalent.

The court restrained the second defendant from dealing with any of the monies, instruments, Sovereign Debt Notes, Promissory Notes, Treasury Bills or any other instrument in which it has an interest or standing with the 27th, 28th and 29th Respondents, to the tune of $6,759,000 or its equivalent.

The judge further directed the third to 29th respondents to disclose on oath the total sum of money or funds in their custody belonging to any of the Defendants.

The plaintiff had averred in its affidavit that the energy firm won the bid to acquire 60 per cent stake/of the shares in the Ibadan and Yola Electricity Distribution Companies following the privatisation exercise of the Power Holding Company of Nigeria (PHCN) Assets sometime in 2013.

It applied to and received a $162,400,000 syndicated loan from the plaintiff, the second defendant (formerly Skye Bank Plc), Diamond Bank Plc now Access Bank Plc, First City Monument Bank Ltd, Heritage Bank Plc and Keystone Bank Ltd (jointly referred to as the lenders).

The lenders also agreed to the appointment of the second defendant as the Facility Agent in respect of the facility to, among others, ensure the repayment of the loan.

The plaintiff disbursed $35million to the first defendant to enable it to meet the purpose(s) for which it needed the pooled funds.

The energy firm was unable to conclude the transaction on Yola Disco, owing to the insurgency in the Northeast. It invoked the force majeure protection clause enshrined in the agreements and demanded a refund of the invested sum from the Federal Government.

Sometime in March 2020, the Federal Government paid the final instalments of the refund (recovered sum) to the energy firm and Polaris Bank.

“However, the remaining tranche of the Plaintiff’s share of the said recovered sum has since been withheld by the Defendants, particularly the 2nd Defendant,” UBA told the judge.

The court adjourned till July 13 for a hearing of the motion on notice. (The Nation)