Justice Candide-Johnson presiding over a Lagos High
Court,south west Nigeria,has ordered Stanbic-IBTC bank Plc and CRC
Credit Bureau limited to jointly pay the sum of N50 billion as general
damages, to one of its customers, Longterm Global Capital Limited, for
false, malicious and injurious falsehood publication against it.
Apart from the judgement sum, the judge also ordered the
bank and CRC Credit Bureau Ltd who is a joint defendant in the Suit
filed by Longterm Global Capital Limited, to publish forthwith and not
less than seven days, a retraction and apology to the claimant in the
cover pages of Sunday and Monday
editions of the Punch, Thisday and Guardian newspapers, in respect of
the alleged false indebtedness publication of the claimant to the bank.ustice Candide-Johnson also directed CRC Credit Bureau
Limited, to immediately delete from its electronically published data
bank and all other publications, all references to the alleged
indebtedness of the bank’s customer to the bank.
The judge further made an order of perpetual injunction
restraining Stanbic-IBTC Bank PLC and CRC Credit Bureau Limited, from
further publishing any other materials or details relating to the
alleged indebtedness of the claimant to the Stanbic-IBTC PLC
Finally, the court also ordered the payment of interest on
the above judgement sum at the rate of 10 percent per annum from the
date of judgement of the court until date of the final payment by the
defendants in line with the provision of Order 35 Rule 4, of High Court
of Lagos State (Civil Procedure) Rules, 2012.
The judgement of the court was sequel to a suit filed before the court
by the Stock broking firm, Longterm Global Capital seeking a sum of N50
billion damages against Stanbic/IBTC Bank Limited,over an alleged breach
of contract agreement, and malicious publication of non existing
indebtedness.
The stock brokerage firm in its statement of claim filed
before the court against Stanbic/IBTC and CRC Credit Bureau Limited, by
its lawyer, Chief Felix O. Fagbohungbe (SAN),alleged thus: that on or
about April 2, 2014, pursuant to the banker/customer relationship
between it and the bank, it applied to Union Bank of Nigeria Plc, for a
term loan of N250 million, the loan was for the purchase of a
commercial property at Lekki Phase 1, Lagos, which would have been prime
property it would have acquired and developed Into a multi-storey ultra
modern apartment complex for sale to various property investors.
The claimant also averred that due to the urgent nature of
the purpose of the loan application at the material time, it’s relevant
officials made several follow-up visit Union Bank Plc, to inquire about
the state of processing of it’s loan application. But to its greatest
bewilderment, its officials were verbally informed by Union Bank Plc
that credit status check were being conducted at relevant credit bureaus
in respect of its loan transaction with other banks in the country, the
bank later wrote a letter stating that it will be unable to grant the
loan due to unfavorable credit report which was electronically published
by the data bank of Credit Beareu Limited who is the second defendant
in this suit to the whole world with the Central Bank of Nigeria’s
directive.
The claimant further stated that by Union Bank Plc’s
letter, it was informed that pursuant to the mandatory requirement of
CBN directing that every bank and Financial institutions in the country
must obtain credit status reports from at least two credit bureaus
before granting any credit facility to their customers, the Union Bank
Plc, applied for and obtained it’s credit status from the second
defendant and Messrs Credit Registry Plc, as part of the processing it’s
loan application.
It further stated in the report sent by Union Bank that
it’s credit status with fisrt defendant was tagged ‘clean’, while report
from the second defendant was said to be unsatisfactory and it became
aware that the Stanbic IBTC bank had reported to the CRC Credit Bereau
limited on or about October 31, 2012, that the bank deliberately,
fasely and maliciously wrote and published a credit status report
through the second defendant concerning it that it has been blacklisted
by the StanbicIBTC as a loan defaulter and bad loan borrower who was
owing the sum of N543,030.843 million, for 722 days running as at
October 31, 2012, and which numbers of days was over and above the
maturity date of December 31, 2009.
The claimant further aveered that Stanbic/IBTC stated that
the interest outstanding on the loan as at December 31, 2012, stood at
N213, 537, 753 million.
However, the claimant stated that contrary to the false,
injurious and Malicious credit status reports published by the
Stanbic/IBTC bank, through CRC Credit Bureau Limited, to the whole world
including Union Bank Plc, there were no time that the StanbicIBTC
granted it any credit facility which would be classified as ‘lost’ in
respect of which account balance in the sum of N543,030.843 million,
with the accrued interest in the sum of N213, 537, 753 million, or any
other sum at all were outstanding against it.
It stated also that to the foregoing, Union Bank Plc relied
on the defendants’ credit status information and declined granting it’s
term loan which was required to purchase a commercial property.
It also stated that the plaintiff apart from not indebted
to StanbicIBTC , it was neither informed by the Stanbic/IBTC that it was
indebted nor was any demand made in that regard before the malicious
falsehood was reported by Stanbic IBTC to CRC Credit Bureau which was
subsequently published the false and untrue credit status reports to
Union Bank of Nigeria PLC and the whole world.
It also stated that the credit status reports made to the
second defendant by the first defendant in relation to the alleged
indebtedness was made without just cause or excuse as there was never a
time Stanbic IBTC granted it any credit facility which can be classified
as ‘lost’ or’bad’ which it did not pledge adequate and readily
realizable collateral security to cover the principal loan amount plus
interest.
Consequently,due to the deliberate, malicious and/or injurious falsehood
published by the defendants in relation to the credit status, it has
been unable to access any credit facility from Union Bank of Nigeria PLC
, and all other financial institutions in Nigeria, as it has been
blacklisted and embargoed from accessing new credit.
The claimant also stated that the false, malicious and
injurious falsehood of the defendants has adversely affected it’s
business reputation, as all it’s bankers and Financial institutions are
no longer able or permitted to grant any credit facility to argument
it’s working capital for reason that it has been effectively blacklisted
by been classified as a bad or delinquent borrower and consequently
shut-out of Nigeria’s credit system.
The claimant also aveered that the malicious and injurious
falsehood by the defendants was calculated embarrassed, de-market and
cause huge pecuniary damage as a registered capital market institution,
the main objective of the defendants in deliberately, willfully and
intentionally published the malicious and injurious falsehood credit
report, was to asphyxiated and paralyzed it’s investment activities and
capital operation, and to untimely make its business collapsed without
just cause.
Consequently, the claimant is urging the court to award it
the sum of N50 billion as general damages against StanbicIBTC Bank and
CRC Credit Beraeu jointly and severally. and the sum of N50 million as
cost of instituting this suit.
It also seeks an order of the court directing the
defendants to immediately delete from its electronically published data
bank, and all other publications all references to the alleged
indebtedness and an order directing the defendants to publish a
retraction and or apology to it on the cover of Sunday or Monday edition of two national newspapers, in respect of the alleged indebtedness.
It also seeks an order of perpetual injunction restraining
the defendants from further publishing any other materials or details
relating to the alleged indebtedness.
However, Stanbic/IBTC in its statement of defence filed
before the court denied all the claimant’s aveerment, thereby urging the
court to dismiss the suit in its entirety with substantial cost in its
favour.
In urging the court to dismiss the claimant’s suit, the
bank averred that the claimant maintains an account with its Adetokunbo
Ademola branch, and at all material time, the transaction on the said
account were recorded electronically by it’s computer system. It added
that between April 2008 and June 2011, the transactions were recorded in
Account number 1111314381, under the Equinox Core Banking System, and
between July 2011 and the time of instituting the suit, the transactions
were recorded in Account number 9200689089, under Finacle Core Banking
System.
It also stated that it did not author the credit status
report cited by the claimant but merely provided the second defendant
with the status of the Credit facility obtained by the claimant from it
in discharge of it’s obligations under the guidelines for the Licensing,
Operation and Regulations of Credit Bureau in Nigeria (CBN Licensing
Guidelines).
It also aveered that the aforementioned information it
provided to the second defendant was true and consistent with it’s
records, and were not borne out of ill-will or malice and were not
intended to disparage the claimant’s trade of business as alleged.
Stanbic/IBTC also stated that the claimant’s indebtedness
arose as a result of a credit in the sum of N600 million, by virtue of
letter of offer dated March 27, 2008 adding that the said indebtedness
had been subject of litigation since December 23, 2009, in a suit marked
FHC/L/CS/1491/09, Re; Longterm Global Capital Limited and Patrick
Akinkotu vs. Stanbic/IBTC, Appeal No. CA/L/194/2011, Stanbic IBTC Vs.
Longterm Global Capital and Patrick Akinkotu. And that a notice of
appeal dated May 13, 2013, in respect of the matter has been filed at
the Supreme Court of Nigeria on a motion on notice dated May 13, 2013.
It also stated that the said indebtedness had been
acknowledged in the judgement by the Federal High Court in suit number
FHC/L/CS/1491/09, Re; Longterm Global Capital Limited and Patrick
Akinkotu vs. Stanbic/IBTC by Justice Achibong.
The bank also stated that the claimant’s Statement of Claim
does not disclose a reasonable cause of action, and the action
constituted a vexatious, frivolous and Malicious, consequently, the
court lacks jurisdiction to entertain the suit.
Consequently, the bank urged the court to dismiss the suit in its entirety, and award substantial cost in it’s favour.
-New Telegraph
