The family of late Ezeoti Nnmadi Benjamin, who hailed from Ibollo Oraifite in Ekwusigo Local Government Area of Anambra State has accused management and staff of Ecobank Nigeria Plc of complicity in the alleged withdrawal of #4million naira from the deceased’s account less than twenty four hours after his demise on August 20, 2017.
The family in a letter written by their lawyers, Awuka Okafor and company, dated August, 31st, 2017 and addressed to the Branch Manager, Ecobank PLC, Douglas Road, Owerri.
The matter which is now a subject of litigation in Suit No: HOW/826/2024 between Ezeoti Chuka Richard, Ezeoti Chizobam Linda, Ezeoti Peter Okwudili, Dr Okeke Nneka and Ecobank Nigeria PLC, Probate Registrar, High Court of Imo State as Plaintiffs and Defendants respectively has raised concerned in several quarters about the safety of public funds in some banks.
The Defendants in their statement of claim, alleged that the deceased had over #100 million in his account before his demise interstate adding that the bank has refused to give detailed account of the money.
They also accused Ecobank PLC of refusal to complete and issue them a Bank Certificate with which to sort out issues at the Probate Registry
They also alleged that despite informing the bank of their relative’s demise and the need not to allow any person access to his funds, the bank purportedly connived with a,Lady who claimed to be the deceased’s third wife to withdraw the sum of #4 million in questionable circumstances. Their statement of claim reads in part, “the deceased EZEOTI NNAMDI BENJAMIN lived in Owerri, Imo State where he was doing his business before his death on the 12th day of August, 2017. His Death Certificate will be founded upon at the Trial of this Suit.
In the lifetime of the deceased, he maintained several Bank Accounts among which was Savings Account Number 1341013516 which he opened and operated at the 1st Defendant’s branch office at Douglas Road, Owerri, Imo State until he died.
Upon the demise of the deceased, the children and surviving brother of the deceased engaged their Solicitor, KINGSLEY AWUKA, ESQ. of AWUKA, OKAFOR & CO., Legal Practitioners of 63 Onitsha Road, Nnewi, Anambra State who gave notice of the demise of the deceased to the 1st Defendant, among other information contained therein by a Letter dated 31 August, 2017 addressed to the Branch Manager, Eco Bank Plc., Douglas Road, Owerri, Imo State which was duly received by the 1st Defendant. The 1st Defendant is hereby given NOTICE TO PRODUCE the original of the said Letter at the Trial as the same will be founded upon.
In due course of events, the Plaintiffs applied to the 2nd Defendant for Letters of Administration to enable them administer the estate of the deceased.
As part of the requirements for the grant of Letters of Administration, the Plaintiffs were asked to disclose the details of the assets of the deceased at the time of his death including money held in the banks. Consequently, the 2nd Defendant issued the Plaintiffs with a Bank Certificate dated the 12/1/2024 to enable the 1st Defendant disclose the sum of money standing to the credit of the deceased in his Savings Account Number 1341013516 kept with the 1st Defendant’s branch at Douglas Road, Owerri, Imo State.
The Plaintiffs aver that the deceased had more than N100,000,000.00 (One Hundred Million Naira) standing to his credit in the said Account as at the time of his death. The said Bank Certificate from the 2nd Defendant was delivered by the Plaintiffs to the 1st Defendant’s Branch Manager at Douglas Road, Owerri, Imo State to enable the 1st Defendant state the amount of money standing to the credit of the deceased and for same to be returned to the 2nd Defendant for necessary However, the said Branch Manager upon receipt of the Bank Certificate stated that he would honour it by disclosing the amount standing to the credit of the deceased in his Savings Account aforesaid and returning same to the 2nd Defendants. The 1st Defendant is hereby given NOTICE TO PRODUCE the original of the said Bank Certificate at the Trial as the same will be founded upon.
The 1st Defendant is also further given NOTICE TO PRODUCE the Statement of Account for the deceased’s Savings Account Number 1341013516 from the 1 day of August, 2017 to the date of the filing of this Suit as the same will be founded upon at the Trial. The 1ª Defendant who is the custodian of the funds in the said Account has substantially dissipated same notwithstanding the death of the deceased. The Branch Manager aforesaid refused or failed to complete the said Bank Certificate despite several visits paid to him at the Douglas Road, Owerri Branch by the Plaintiffs and one of their Solicitors. Consequently, the Plaintiffs briefed their Solicitors who wrote a Letter to the Managing Director of the 1st Defendant dated June 13, 2024 demanding for the completion of the Bank Certificate and return of same to the 2nd Defendant as well as the replacement of the funds withdrawn from the Account after the death of the deceased. The Defendant is hereby given NOTICE TO PRODUCE the original of the said Letter as the same will be founded upon at the Trial.
By the failure or refusal of the 1st Defendant to complete and return the said Bank Certificate, there has been an inordinate delay in granting Letters of Administration to the Plaintiffs over the estate resulting in third parties meddling with the estate and thereby causing loss of a substantial part of the deceased’s estate.
The 1st Defendant will neither complete the said Bank Certificate and return same to the 2nd Defendant nor disclose the amount of money standing to the credit of the deceased his Savings Account kept with the 1st Defendant’s Branch office at Douglas Road, Owerri, Imo State unless it is ordered to do so by this Honourable Court”.
Meanwhile, Ecobank,as the first Defendant in the Suit in its Statement of Defence, denied most of the allegations in the Plaintiff’s Statement of Claim.
The bank in the statement of Defence signed by their lawyer, O.G. Adindu, Esq, first Defendant’s Counsel Plot 123, Area Old ‘D’, New Owerri, Behind Owerri Hotel Plaza Port Harcourt Road, Owerri, Imo State, maintained that, “Paragraph 7 of the statement of claim is vehemently denied. In answer, it is averred that the Plaintiffs did not notify the 1st defendant of the demise of the deceased through a letter dated 31 August, 2017, by their solicitor, Kingsley Awuka, Esq. The plaintiffs are put to the strictest proof of the claim.
The 1st defendant is not in the position to answer or deny paragraphs 8 and 9 of the statement of claim as the averments contained therein are within the peculiar knowledge of the plaintiff. They are not admitted.
Paragraphs 10 and 11 of the statement of claim are stoutly denied. In answer, it is averred as follows:
a. Mr. Nnamdi Benjamin Ezeoti did not have the sum of N100,000,000 (One hundred million naira) standing to his credit in account no. 1341013516 in the custody of the 1st defendant at the time of his demise. The plaintiff is put to strict proof of the false allegation.
e. The account was closed upon request and confirmation of the Letters of Administration issued in favour of one Mrs. Onyinye Elekwachi Ezeoti, the deceased (Nnamdi Benjamin Ezeoti) customer’s wife by the 2nd defendant and the required know your customer’s (KYC) documentation. Copies of the documents shall be relied on at the trial;
f. At the point of the closure of the account, the balance of N4,471,685.25 (Four million, four hundred and seventy-one hundred and eighty-five naira, twenty-five kobo) in Nnamdi Benjamin Ezeoti’s savings account (Account No. 1341013516) was disbursed to Mrs. Onyinye Elekwachi Ezeoti, who as administrator of the deceased (Nnamdi Benjamin Ezeoti) in the Letters of Administration. The transaction was carried out at the 1st defendant’s Okigwe Road branch;
g. The account was closed on 26 February, 2020 in line with the bank’s policy on deceased customer’s account closure;
h. Contrary to the plaintiff’s assertion, the bank certificate requested from the 1st defendant has been duly prepared and is ready for collection. However, despite repeated calls and reminders from the branch team, the plaintiffs have refused to visit the 1st defendant’s branch to collect the certificate;
i. The preparation of the bank certificate confirms the 1st defendant’s compliance with the plaintiffs’ request.
Paragraphs 12 and 13 of the statement of claim are denied. In answer, it is reiterated that the 1st defendant has duly completed the bank certificate presented by the plaintiffs. The certificate is now ready for collection.
It is further averred that the delay was occasioned by the plaintiffs themselves due to their failure to visit the 1st defendant to collect the bank certificate despite repeated calls to do so.
Furthermore, the 1st defendant is not liable for the alleged loss of a substantial part of the deceased’s estate, which is attributed to the purported meddling by third parties
In further response, the 1st defendant avers that the suit has been instituted in utter bad faith and is designed to unfairly portray the 1st defendant in a negative light. The 1st defendant asserts that they have complied with the plaintiffs’ reliefs by duly completing the bank certificate as required. The 1st defendant shall rely on all legal and equitable reliefs available to them during trail”.
Our investigation reveals that most staff of Ecobank who played one official role or the other at its Douglas Road, Owerri branch at the time of the controversial transaction were hurriedly transferred to different branches of the bank in a move that many have described as a plot to cover their tracks and bring investigation into the matter to a dead end. For instance, the current branch Manager and Acting General Manager…in their seperate responses claimed ignorance of the transaction because it happened before they came on board.
They also alleged that the bank is being economical with the truth, pointing out that their unethical conduct will definitely undermine public trust and confidence”.
