We are happy to let various Bank Customers be aware that if you have enough money in your account and your Bank has denied or refused to pay you,such Customer has full right to take legal action against the Bank.
The Court of Appeal in the case of MOSES JWAN-Vs-ECOBANK (2021) 10 NWLR ( Pt.1785 ) 449 at 485 per Aliyu,JCA held that:
" The ATM card issued by a bank being akin to a cheque,must be honoured on request once there is enough funds in the customer's account,and failure to do that mean the bank is in breach of duty of care owed to its customer "
Therefore,citizens are by this Court of Appeal case law have full right to pursue their legitimate rights anytime the ATM refuses to dispense cash upon request by the customer.However the following conditions must be satisfied by you as the customer:
i- You have enough money in the account that covers that money.
ii- You must have requested for such amount using your ATM CARD.
iii-That account must belong to you or to the person that sent you to make the withdrawal.
Once these conditions are fulfilled and the Bank refuses or fails to dispense cash to you as the customer.That Bank has committed a breach of duty of care owed to you as its customer.As a customer,you are entitle to file an action for damages as respectively held by the Court of Appeal.
Therefore,no Bank has right to deny any of the customer access to his/her money legitimately deposited in his/her account.So the ongoing activities by Nigerian Banks are actionable.Citizens can join hand collectively to file actions for damages if your Banks refuses to dispense money to you as demanded using ATM CARD.
Do not sleep over your rights.Stand up to fight this abuse and to stop Banks from unnecessarily subjecting you to hardship and stress.
May we be guided.
Lakpene Yusuf Bida,Esq
6th-2-2023.
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