BENJAMIN AGI V. ACCESS BANK PLC ( FORMERLY KNOWN AND CALLED INTERCONTINENTAL BANK PLC)

OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal stemmed from the decision of the High Court of Benue State, Makurdi, presided over by J. M. Ijohor, J., in suit no.MHC/15/2011, delivered on 03/02/2012, wherein the appellant’s action was dismissed. The appellant and the respondent were the plaintiff and the defendant before the lower court respectively.

The facts of the case, in the lower court, which metamorphosed into this appeal, were brief. The appellant, a Makurdi businessman dealing in wears, maintained a current account, number 05030010000136641, with the respondent at its Makurdi branch, Benue State. The respondent issued the appellant with an Automated Teller Machine (ATM) debit card with the number: 636088010026279443. The appellant activated and changed it to his secret Personal Identification Number (PIN) and started using same exclusively without sharing the card details with anybody whosoever.

On 03/11/2009, the appellant travelled to Onitsha to purchase wear…