DIAMOND BANK PLC V. H.R.H. EZE (DR) PETER OPARA & ORS

SIDI DAUDA BAGE, JSC (Delivering the Leading Judgment): The application for enforcement of their fundamental rights filed by the 1st and 2nd Respondents at the Federal High Court, Port-Harcourt Division, which led to this appeal, was prompted by a letter of invitation written by the 3rd Respondent Economic and Financial Crimes Commission (EFCC) against the 1st and 2nd Respondents on the issue of bank fraud and diversion of funds to other use.

FACTS OF THE CASE

The facts are that the 1st and 2nd Respondents as the applicants at the lower Court, were customers of the Appellant bank since 1994. The relationship continued until 2003 when the 1st and 2nd Respondents suspected some discrepancies in the management of their account with the Appellant. They engaged a banking consultant to investigate, and it was allegedly discovered that the Appellant had illegally over charged the 1st and 2nd Respondents, in the management of their account, to a tune of N10,776,921.19K refund of which they dema…