Emmanuel Thomas l Wednesday, February 15, 2017
IKEJA, Lagos, Nigeria – A retired Deputy Director in the Department of Petroleum Resources (DPR), Engineer Adebayo Babalola today told a Lagos High Court sitting in Ikeja how the total sum of US$780.92 was illegal withdrawn from his domiciliary account with United Bank of Africa Plc without his authorization.
He said the money was illegally withdrawn from his domiciliary account no 3000543098, domiciled with UBA Plc.
Testifying before Justice Beatrice Oke-Lawal, the witness stated that on 24th of April, 2014, he received a call at 3:59am from officer of the bank (defendant) with phone number 012808427 requesting to know if he was in the United State of America, that there are activities going on in his account via his dual currency Visa Card.
He said he was on his bed in Lagos, noting that his card was in his physical possession at that time. “I immediately requested that the officer to disable the card forthwith since I was not making any transaction.”
The claimant therefore tendered before the court, and court admitted as exhibit, the reply letter by the defendant dated April 17, 2015 and response to defendant ‘s reply dated April 27, 2015. The claimant therefore urged the court to order the defendant to pay back his money.
Under cross examination, the witness admitted that he operates many account with the UBA. “I have Naira account, Dollar domiciliary account, Pounds domiciliary account and Master card. I have debit card link with two of them.
“When the officer of the bank called me at 3.59 am requesting to know if I was in USA, I told him, am on my bed in Lagos. I told him to disable the card. It was not until about 4.27am that the defendant officer called back to confirm that he has disabled the card. I changed the pin, which is personal to me, I did not disclosed it with anybody. I traveled almost every month, to Asia, Europe and other country. I used my card to make payment with my identity.
He further told court that he wrote to the bank, UBA, when he didn’t hear about his refund. “I have never worked with the bank. If the internal control system of UBA is faulty, it is the fault of the bank. If somebody used the card without my permission, it is the fault of the bank. I always present my identity anywhere I use the card.”
Babalola wants the court to order special damages in the sum of $780.92 being money unlawfully withdrawn from his account by means of dual currency Visa Card.
“An order directing the bank (defendant) to pay N1. 2 million for exemplary damages and litigation cost.” The bank however said that from findings, the claimant’s card data and sensitive authentication data were compromised in prior transaction. Justice Oke-Lawal subsequently adjourned till February 27, 2017 for defendant to open his defence.
