Polaris Bank is in the news for the wrong reason again. This time three businesswomen and customers dragged the bank before a Surulere Magistrate Court in Lagos over alleged freezing of their domiciliary and Naira accounts with the bank and subsequent illegal deductions on the said accounts amounting to about $30,769 (USD).
The applicants – Mrs. Adebomi Orogun, Mrs. Kehinde Banjo, and Mrs. Oluwatoyin Ode, in an originating application brought pursuant to Order 1 Rule 2 of the Magistrates’ Courts Civil Procedure Rules of Lagos State (2009), accused the bank of freezing their USD (US Dollar), Euro and Naira accounts with the bank without a valid court order.
They said the bank proceeded to make unauthorized deductions from their accounts without any justification whatsoever as there was no time they were accused of engaging in fraudulent activities with the said accounts.
In her affidavit in support of the application, the first applicant (Orogun) who maintained USD, Euro and Naira accounts with Polaris Bank, said the bank usually deducts the requisite commission after every transaction she made.
According to her, “I regularly transact on my Euro account (3049994742) with the bank. I recently wanted to transfer money with my Euro account, only to discover that I no longer have access to make any transaction.
“I also discovered that there was no available balance left in my USD account. I was confused and had to make an inquiry with the bank to know the reason why I no longer have access to my Euro account and why my USD account was cleared out. However, I was informed by the Bank that they had not been deducting the proper commission per transaction on my account which they only commence later and ultimately led to my USD account being cleared out.
“This action carried out by the Bank was done entirely without recourse to me, who believed that all due commissions had been deducted and I had enough balance to plan my life with. On the 4th of March, 2022, I was shocked to discover that all my accounts (USD, EURO and Naira) with the respondent (Polaris Bank) had been frozen and a post no debit order was placed on them.”
Orogun said she was neither informed nor given a satisfactory reason for the cruel act by the respondent, adding: “I did not engage in any fraudulent activity nor have I been officially accused of same by the bank. Hence, the freezing and placing of a post no debit on my accounts was totally unnecessary.”
She said the actions of the respondent greatly disrupted her business activities and also subjected her to financial cruelty with no hope as to when her accounts would be unfrozen.
“The actions of the respondent have also caused financial distress due to my inability to complete pending transactions,” she averred.
The two other applicants deposed to similar facts in their affidavit in support of the application, narrating to the court how the alleged cruel act of the bank had caused them great discomfort and economic setback.
They said they had written to the bank to unfreeze their accounts and return the illegal deductions made, all to no avail, a development that necessitated the filing of the matter before the court.
The applicants are, therefore, asking the court to give an order directing the bank to revert their accounts back to the status quo as of 17th January 2022.
They are also asking for an order mandating Polaris Bank to pay them N10million as damages for the financial hardship caused to them by the actions of the bank.
When the matter came up before the Surulere Magistrate Court on Wednesday, the court said there was no proof that the respondent had been served.The matter was adjourned till June 2022.
BUA Group Threatens To Sue GREENVILLE LNG Gas Company – For Breach Of Multimillion Dollar Contract
Two years after it was slammed with a $9m claim for breaching contract by a US Court, Greenville LNG company is on the brink of another lawsuit in its supply dealings with Nigerian-based manufacturing giant, BUA Group.
Owned by Eddy Van Den Broeke , a Belgian cement magnate, *Greenville* is the pioneer Liquefied Natural Gas (LNG) production and distribution company in Nigeria with three liquefaction trains and a total capacity to produce 2250 MT of LNG per day.
The company, which was incorporated in 2013, prides itself for producing and marketing Liquefied Natural Gas to customers across Nigeria since April 2019.
It should be noted that the company is a Nigerian subsidiary of the International Engineering & Construction (IEC), a Luxembourg-based construction company.
However, in 2018, there were reports of how *Broeke* was struggling to get his LNG project off the ground in Nigeria and also facing a $9m claim from his subcontractor Baker Hughes.
How it started
In 2014, IEC through Greenville LNG entered into an agreement with Baker Hughes Energy Services LLC, formerly known as GE Oil & Gas (GEOG), for the purchase and installation of two small-scale liquified natural gas plants in Rumuji, Rivers State, Nigeria.
According to the documents obtained by POLITICS NIGERIA, GEOG agreed to supply IEC with two small-scale liquified natural gas production plants — the first by June 24, 2015, and the second by September 24, 2015— for use at the Rumuji Site.
In exchange, IEC agreed to pay GEOG $95 million. Both parties also agreed on a payment schedule, which would require IEC to pay various percentages of the $95 million at specific milestones.
It was stated that the agreement would be governed by and construed in accordance with the laws of the state of New York.
Unfortunately, GEOG failed to deliver the gas plants by their contractual delivery deadlines and this stalled installation, commissioning, and start-up of the Plants.
On July 31, 2018, IEC filed a Notice of Demand for and Commencement of Arbitration under the Contracts on behalf of itself and Greenville.
IEC initially sought approximately $75 million in damages but its demand increased to $700 million by the end of the arbitration.
The $700m claims included the liquidated damages for delayed delivery and damages associated with the delayed entry into operation of the gas plants.
But GEOG also filed counterclaims against IEC for breach of the contracts, asking for damages up to $40.1 million.
In 2020, the American Tribunal gave its verdict, ordering IEC and Greenville to pay GEOG over $9.5m for breaching contracts.
The Tribunal held that IEC had breached the Equipment Contract by failing to make two Milestone payments.
Dissatisfied with the judgement, On January 27, 2021, IEC filed a petition to vacate the Award in New York state court but the court rejected IEC’s arguments.
“In short, due to the strong deference owed to the decisions of arbitrators, the Court is compelled to reject IEC’s arguments and confirm the Award,” the court ruled.
*Poor Ethics/Underhand Business Practices*
It is believed that the posture of the company and record of breaching contract is owing to its owner’s secretive and shady business activities. Prior to setting up Greenville, Eddy Van Den Broeke ran ASCA bitumen from 1996 and grew the company into becoming a giant monopoly with over 90% of the Nigerian market by 2015.
Through this position, he was famed to hold everyone to ransom through alleged arbitrary price increases, artificial scarcity, amongst others. Eddy Broeke’s families were one of six of Belgium’s wealthiest families that featured on the Panama Papers, a cross-border investigation that revealed a list of thousands of people who channelled funds to tax havens.
“The family of *Eddy* *Van* *Den* *Broeke* , who turned the Eres company into an international player, is also mentioned. Eddy Van Den Broeke is identified as the sole beneficiary of at least five offshore companies in the BVI,” the ICIJ report read.
Eddy was named in the Panama Papers having had an extensive network of shell companies to hide his funds and avoid government oversight.
*Another multi-million dollar breach of contract suit looming*
Our investigations also revealed that recently, BUA, which is one of Greenville’s largest clients, is set to sue Greenville for 50 billion Naira for a possible breach in contract and reneging on its obligation to supply gas to its businesses in the far north.
According to sources, this dispute is as a result of Greenville LNG reneging on their contract with BUA to supply gas and also increasing prices arbitrarily despite the contractually agreed oil-indexed pricing for any changes in price.
Industry watchers1 have claimed that Greenville is trying to take advantage of its near monopoly in the domestic trucked LNG market hence their habit of entering into contracts and reneging on it after starting.
With Eddy and his companies’ history of reneging on contracts entered into with the Federal Government, partners, suppliers, communities and clients, it is unlikely that Greenville LNG or its billionaire owner *Eddy* and Managing Director , *Ritu* *Sahajwalla* would stop such behaviour anytime soon.
Experts familiar with BUA’s history of ensuring its rights are enforced, believe BUA will pursue this issue to a logical conclusion at the courts and till their rights are enforced.
Yemisi Imasi, CEO of Yellowpoint Group Declared Wanted by Nigeria Police For Fraud
The Nigeria Police Force has declared Victoria Yemisi Imasi, CEO of Yellowpoint Group wanted.
The warrant of arrest was issued by the Magistrate/High Court of Lagos, according to the special police Gazette .
The publication shows that the 46-year-old is wanted for fraud, obtaining money under false pretense, and stealing in Lagos by the assistant inspector general of the police Criminal Investigation Department, (FCID) Alagbon, Ikoyi – Lagos.
*Sketchy* *operations* : The development followed a petition by Chive GPS, a dispute resolution company that provides debt recovery solutions on issues bothering on obtaining money by false pretense and fraud against Imasi.
The debt recovery company had laid a criminal complaint, dated 16th July 2021, of a well-orchestrated theft by Imasi following an advert by her company, Yellow Point Media Enterprise, and Yellow Point FT International Ltd on social media channels.
One of the affected victims suffered a N47.73 million loss after transferring the money to different accounts operated by Imasi’s company with the intention of investing genuinely in the various investment packages in exchange for a fixed return.
Amount owed to subscribers: While the exact amount owed to all subscribers is unknown yet, reports indicate that the amount owed may sum up to billions of Naira.
On a platform, victims claim that over N10 billion was deceitfully and fraudulently collected from over 6000 Nigerians with the intention of trading forex.
The petition signed by 689 users as of press time accuses Yemisi of diverting the money to fund her lavish lifestyle and buying properties.
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