The quest to meet target has always been the motive
behind bank officials painstakingly luring people into forceful banking with
their respective banks. Although many would argue that there is no sin in doing
everything humanly possible to protect their jobs, hence the possibility of
shady deals. What many forget is the fact that the basis on which customers
succumb to the pressure from these bank officials is due to the profound belief,
honesty, trust, and confidentiality they have in the banks.
But reverse is always the case as most of these banks
betray customers’ loyalty and trust in them. The latest on the log of alleged
fraudulent financial institution in the country is Diamond Bank Plc. It is no
more news that the bank has over the years wallowed in shameful fraudulent
water with some of its staff found wanting of discrepancies.
Sometimes, one becomes worried how fast they forget the
menace of internal manipulations and sharp practices that characterized the
collapse and merging of banks in Nigeria as they keep reinventing such acts.
Now, Diamond Bank Plc is being dragged to court on
account of breach of agreement which detrimentally affected the business and
income of one of its customers -Charismond Nigeria Limited (Importer of
chemical products)and its Managing Director, Mr. Aliandu Monday.
This was revealed in a statement of claim filed before
the Federal High Court of Nigeria, Lagos under Suit No: FHC/L/CS/1148/2013.
The whole saga started in June 2012 when a staff of
Diamond Bank Plc, Chinonso Chijioke who happened to be the account officer of
Charismond Nigeria Limited advised the company’s Managing Director to commence
processing its import papers from the bank’s branch at Agidingbi to prevent
stress of shuttling between Mainland and Island for its bank transactions going
by the proximity of the company’s location with Diamond Bank’s Agidingbi
Branch.
It was learnt that the MD accepted the advice after being
assured by his account officer that he would get the same quality of
professional banking service equal to the one he gets at the bank’s head
office.
Pursuant to the advice, the MD visited Diamond Bank Plc
Agidingbi branch where he collected three different sets of Form ‘M’(MF1 valued
at $42, 752, MF2 valued at $44, 352, and MF3 valued at $37, 376) for the
importation of chemical products – Normal Butanol, Ethyl Acetate and
Iso-Propylol respectively.
It was claimed that after proper filling of the import
papers, he returned them to Agidingbi Branch of the Diamond Bank Plc on the
28th June, 2012 for processing.
Eventually, he forwarded the endorsed copies of the
import papers to the company’s chemical products suppliers – GAPUMA (UK)
Limited for onward transmission of the Bill of Lading as well as other shipping
documents for shipment of the goods into Nigeria from United Kingdom.
Moreover, two months after the aforementioned events, the
MD claimed he called the attention of the bank to the fact that first batch of
the goods had been ferried to Nigeria and that it had forwarded the shipping
documents to the bank.
Consequently, while preparing for clearing of the goods,
he visited the Agindigbi branch of the Bank to inquire about the shipping
documents which was forwarded and received by the bank via DHL Courier service.
But to his dismay, he was directed to the International and Operations
department of Diamond Bank’s Head Office to pick the documents – a development
which negated the promise and confidence he received on the Agidingbi branch of
Diamond Bank Plc initially.
Thereafter, it was all drama filled with twists and
turns. The MD requested for the debit note for payment of his import duties to
the government but he was informed at the bank’s head office that he cannot
make the payment because the bank’s computer system cannot trace the import
papers (Form Ms) registered on the bank’s database. The officer who attended to
MD, one Mrs. Ifeoma Iwunna further stated that hard copies of the import papers
which were earlier submitted to the bank could not be found.
He was redirected to Diamond Bank Plc branch at Agidingbi
and fortunately, the import papers were presented to him. But to his chagrin,
the important papers were unprocessed and or treated whatsoever.
According to the bank’s officer, he said the development
ensued due to the fact that the import papers were not forwarded to the
Scanning and Risk service provider (COTECNA) registration after six weeks which
the import papers were submitted to the bank for processing. The forms were
meant to be submitted to COTECNA within 5 working days.
The unfolding issue persisted and the imported goods
remained unclear, hence accumulating huge demurrage, yet the bank couldn’t
provide the import papers for the company to clear goods over two months after.
It was further claimed that the import papers were
finally processed and released to the company’s clearing agent from Diamond
Bank’s Ajao Estate Branch on the 5th October, 2012.
On getting to Apapa sea port, the company was compelled
to pay a whopping sum of N6, 294, 279.5 (Six Million, Two Hundred And Ninety
Four Thousand, Two Hundred And Seventy Nine Naira) as demurrage and other
shipping charges due to the delay in the clearing of the goods caused by the negligence
of the Diamond Bank Plc in processing the import papers (Form Ms).
However, to prevent further compilation of the charges,
the company sought for loan from Diamond Bank Plc which was declined. It
therefore, resulted into paying huge interest on the money borrowed from KECO
Nigeria Limited to fund the belated clearing of the imports.
Consequently, the plaintiff (Charismond Nigeria Limited)
through its Managing Director, Mr. Aliandu Monday demanded the payment of the
sum of N50, 000, 000 (Fifty Million Naira)as general and special damages of
severe economic and financial loss it incurred as a result of the bank’s breach
of contractual and legal duty.
Apparently, the Diamond Bank Plc disinclined with the
demand of the company, hence sought redress in the court of law with a counter affidavit
deposed to by its solicitors-Philip Ndubuisi Umeh & Co. The bank averred
that the facts and documents attached to the plaintiff’s statement of claim are
of no value and irrelevant to any of the parties.
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