DIAMOND BANK LIMITED V. PRINCE ALFRED AMOBI UGOCHUKWU

ONNOGHEN JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, holding at Port Harcourt in appeal No. CA/PH/329/2005 delivered on 28 March 2007 in which the court dismissed the appeal of the present appellant.

The facts of the case include the following: 

Appellant is a commercial bank while the respondent opened and operated two accounts with the appellant; one of which was a current account in the name of Al-Clement with two signatories thereto. It was account No. 0712555017. The signatories were Prince Alfred Amaobi Ugochukwu and Uzoma Onuoha (also known as Unachukwu Ugochukwu), a then Special Assistant to the Military Administrator of Imo State. Exhibit ‘M’ is the specimen signature card for the account. Respondent also opened a fixed deposit account with the appellant. Both accounts were for the purpose of lodging funds realized from contracts between the respondent and Imo State Secondary Education Management Board and the Primary Ed…