CHINWE E. IYIZOBA, JCA (Delivering the Leading Judgment): This case was commenced on the 8th day of July, 2013 in the Federal High Court, Lagos Division by the 1st and 2nd Respondents by Originating Motion under the Fundamental Rights Enforcement Procedure Rules 2009.
The 1st and 2nd Respondents Dr. Patrick Ifeanyi Ubah and his company Capital Oil and Gas Ltd entered into an agreement with the 4th Respondent herein Cosmas Maduka, a director of Access bank whereby a loan facility was obtained by Cosmas Maduka in the name of his company Coscharis Motors Limited from Access Bank to enable the parties finance the business of importation of petroleum products, Premium Motor Spirit (PMS) into Nigeria for profit sharing under the Petroleum Support Fund Scheme. The subsidy payments by the Federal Government Petroleum Products Pricing and Regulatory Agency (PPPRA) for the PMS deliveries into Nigeria were also domiciled with Access Bank. Cosmos Maduka alleged that out of the 10 LCs opened and p…