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Court Declares Banks’ Stamp Duty Charges Illegal

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A Federal High Court in Asaba has declared as unlawful, illegal, null and void the deduction of the sum of N50 as Stamp Duty charges from the accounts of commercial bank customers in the country.

Court Declares Banks’ Stamp Duty Charges Illegal

The court in addition made an order restraining the Central Bank of Nigeria (CBN) and banks from making further deductions unless authorised by law.

Justice Nnamdi Dimgba made the declaration in a judgment he delivered in a suit filed by Mr. Rupert Irikefe, a bank customer, challenging the continued deduction of Stamp Duty charges from his current bank account domiciled with Zenith Bank in Asaba, Delta State.

Irikefe had in 2019 instituted a legal action against the CBN, Zenith Bank PLC and the Attorney General of the Federation as 1st, 2nd and 3rd defendants respectively over the continued deduction of Stamp Duty charges from his current account in Zenith, despite a subsisting court order preventing banks in the country from making such charges.

In the suit he filed and argued by himself, Irikefe prayed the court to hold the CBN and Zenith Bank liable for acting in flagrant disobedience of a valid could order.

According to the plaintiff upon noticing several deductions of N50 and N100 from his bank account with the 2nd defendant being Stamp Duty charges, he had paid two visits to the bank branch in Asaba on September 14, 2018 and October 11, 2018 and told them their action contravened the judgment of the competent courts in the country including the Court of Appeal.

He lamented that rather than refund the monies so far collected the 2nd defendant continued to make further deductions on claims that they were following lawful directives of the first defendant.

Among the reliefs plaintiff sought before the court are whether by the decision of the Court of Appeal in appeal number : CA/L/437A/2014 between Standard Chartered Bank Nigeria limited versus Kasmil International Services Limited and 22 others delivered on April 21, 2016 and suit number: FHC/L/CS/126/2016 between Retail Supermarket Nigeria Limited versus Citibank Nigeria Limited and the CBN delivered on March 13, 2017 which found that “there was no express provision in the Stamp Duty Act or any law authorising the deduction or imposing any obligation to deduct or remit N50 as Stamp Duty on tellers, deposits or electronic transfers of monies from N1000 upwards and accordingly nullified same, the conduct of the 1st defendant and 2nd defendant by continuing to impose, direct the imposition, receive and or charge, deduct or remit the said sum of N50 as Stamp Duty…. from the account of the plaintiff is not wrong in law, dismissive and contemptuous of the law, orders of superior courts of competent jurisdiction, condemnable, null and void and of no effect.

He further asked the court to hold that the conduct of the first and second defendants to continue to make deduction in the name of Stamp Duty despite the subsistence and or awareness or the court of Appeal judgment is arbitrary, unlawful, illegal etc.

He accordingly prayed the court to make “ an order setting aside the imposition, deduction and or remittance or Stamp Duty charges.

“An order directing or mandating the first and second defendants to refund to the plaintiff the total cumulative sum illegally deducted from the commencement of deductions on January 31, 2016 to the date of filing the suit”.

Plaintiff also prayed for the sum of N50 million as general damages and another N50 million as exemplary damages.

“An order of injunction restraining the defendants from further deducting the sum of N50 Stamp Duty on teller’s deposits and or electronic transfers on Money transaction… unless authorised by law”.

Delivering judgment, Justice Dimgba who noted that the first defendant “acted in bad faith”, said, “I have never ceased to wonder, the practice that is very much exacerbated in current climes, where agencies of the government treat decisions of Court of law with disdain and to carry on as if those decisions were not in existence”.

The judge also noted that the second defendant willingly disobey the judgment of court when it acted recklessly and at its own peril to continue to deduct Stamp Duty charges from the plaintiff’s account in the face of clear and binding judicial decisions arising from judicial proceedings which the second defendant itself participated.

“All things considered, it is trite that a judgment not appealed against or set aside by a higher court is valid, subsisting and binding on all parties”.

While upholding the argument of the plaintiff, Justice Dimgba further held that the defendants did not place before the court any judgment or order of superior courts overriding the ones plaintiff anchored his case on.

He further held that the defendants failed to present to the court any amendment to the Stamp Duty Act empowering them to continue to make the deductions.

“In the absence of the above, it is irresistible to say that the suit has merit and should succeed.

“I hereby resolve the questions posed in the Originating Summons in favour of plaintiff.

“I enter judgment in favour of plaintiff on the following terms. Reliefs 1,2,3,4,5 and 8 are hereby granted.

“Relief 6 is refused. 7 is granted but limited to the sum of N2 million.

“Cost of N500,000 in favour of plaintiff jointly and severally”.

The judge added that, “This relief is granted to set an example that it is reprehensible conduct to willfully disobey decisions of competent court of law”.


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E-Financial

NDIC Begins Sales Of Landed Properties, Chattels Of Heritage Bank Nationwide

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The Nigeria Deposits Insurance Corporation NDIC has commenced the sales of landed Properties and Chattels belonging to Heritage Bank across the country after revocation of its operating license in June 2024.

Bello Hassan, the Managing Director and Chief Executive of the Corporation, announced this at the NDIC’s special day in the ongoing 45th Kano International Trade Fair holding in Kano city, Northwest Nigeria.

He noted that, “the Corporation had since begun the payment of the insured deposits of N5 million per depositor within a record time of four days of the bank’s closure.

“This was achieved using Bank Verification Numbers (BVN) as a unique identifier to locate depositors alternate accounts in other banks without the need to fill forms or visits the NDIC offices.”

According to Hassan, having largely reimbursed the Banks’ depositors their insured deposits, the Corporation is committed to ensuring that depositors with balances exceeding N5 million are also paid the balance of their deposits.

“These uninsured deposits represent a significant portion of the total deposits in Heritage Bank.”

He noted that, “the Corporation is already working to ensure that, depositors with amounts in excess of the maximum insured amount of N5 million are paid through liquidation dividends from the realization of the defunct bank’s assets and recovery of debts.”

“The Corporation has already initiated the process of debt recovery and realization of investments and physical assets of the defunct bank to ensure timely payment to the uninsured deposits of the defunct bank.

Additionally, the NDIC’s responsibilities extend to the creditors of the defunct bank, who will receive payments after all depositors have been fully reimbursed. This orderly process, based on asset realization and priority of claims, is essential in maintaining public trust in the banking system and promoting financial system stability. “

The NDIC Boss encourage depositors of any closed bank, especially Heritage Bank, who are yet to receive their payments, to come forward with their proofs of account ownership to the corporation.

Dr. Hassan reassured depositors about the safety of their funds should in case banks runs into period of uncertainty.

“This contributes significantly to the overall stability of the financial system.” Hassan said.

Also Speaking, the President Kano Chambers of Commerce Industries Mines and Agriculture KACCIMA Garba Imam represented by Alhaji Sani Sale expressed the commitment of KACCIMA in broadening market value and expand Kano’s industrial revolution to the global market.


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E-Financial

CBN Directs Banks to Take Measures to End Cash Scarcity

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The Central Bank of Nigeria (CBN) has directed Deposit Money Banks (DMBs) to ensure efficient cash disbursement to the general public over-the-counter and through Automated Teller Machines (ATMs).

The CBN directive is coming in the midst of complaints of acute scarcity of cash by bank customers across the country.

Most banks have failed or refused to load their ATMs with cash while they are also rationing out payments over the counter.

As a result, most Nigerians are now relying on POS operators for their cash needs.

In response, the POS operators have also jacked up their commission by between 50 and 100 per cent across the country.

The POS operators claimed that they have had to jack up their commission because of the high rates they are also getting the cash supplies from various sources, including traders and filling station operators.

However, in a directive contained in a statement jointly signed by CBN’s Acting Director, Currency Operations, Muhammed Olayemi, and Acting Director, Branch Operations, Aisha Isa-Olatinwo on Wednesday, CBN directs banks to take measures to tackle the cash scarcity challenge.

The apex bank also urged members of the public who are unable to obtain cash, either over-the-counter or through ATMs to report such instances using designated reporting channels and formats.

“This will assist the CBN in addressing issues hindering the availability of cash and further improve currency circulation.

“For DMB branches and ATM locations not dispensing cash, members of the public affected are to provide the relevant details,” it said.

It said that the required details should include account name, name of the DMB, amount, time, and date of incident.

It urged aggrieved bank customers to use dedicated phone numbers of the CBN branche in the state where the incident occurred or through to designated email addresses.


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E-Financial

The Alternative Bank Introduces Elite Banking, Gold Card Offerings

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The Alternative Bank (a member of the Sterling Financial Services Holding Company) proudly unveils the next level of premium banking services with the AltElite product suite and Gold Card offering.

This innovation redefines luxury, personalization, and convenience in financial services, empowering customers to achieve their goals with unmatched liquidity and flexibility.

Mohammed Yunusa, Director, Digital Products & Innovation at The Alternative Bank, shared his enthusiasm about the product: “We have reimagined AltElite with a focus on personalization and accessibility. With features like interest-free liquidity solutions and bespoke investment opportunities, this ensures our customers experience the future of banking today.”

The Gold Card, a symbol of prestige and privilege, complements AltElite with advanced spending power, personalized rewards, and global acceptance. It also offers. exclusive travel perks, enhanced purchase protection, and access to premium services, ensuring that every moment of the customer experience is elevated.

Chidinma Akanle, Group Head of Private Banking & Wealth Management, elaborated: “The Gold Card is more than a financial tool; it is a gateway to a sophisticated lifestyle. With access to over 1,200 airport lounges, enhanced spending power, and bespoke rewards, it has been meticulously designed to complement the ambitions and lifestyle of our esteemed clientele, elevating their experiences in every aspect.”


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