Court orders ‘Post No Debit’ against ABG, two others over N1.7bn debt
A federal high court in Kaduna has granted an order of Post No Debit (PND) against a Kaduna business Mogul, Alhaji Bawa Garba, ABG Communications and Engineer Mohammed Bawa Garba, who are respondents in suit no. FHC/KD/AMC/1/2022. The applicant, Asset Management Corporation of Nigeria (AMCON), had approached the court in a Motion Ex-parte dated March […]
A federal high court in Kaduna has granted an order of Post No Debit (PND) against a Kaduna business Mogul, Alhaji Bawa Garba, ABG Communications and Engineer Mohammed Bawa Garba, who are respondents in suit no. FHC/KD/AMC/1/2022.
The applicant, Asset Management Corporation of Nigeria (AMCON), had approached the court in a Motion Ex-parte dated March 28, 2022, praying for an order for a Post No Debit (PND)operate by the respondents/defendants pending the determination/disposal of the proceedings for the recovery of debt of N1.7 billion.
The applicant through its lawyer, Barrister Auwal Salisu Esq., explained that the sum is made up of the principal debt and accrued interest against the defendants pursuant to section 50 of the AMCON Acts, 2019 (as amended).
In the Motion Ex-parte, the applicant, AMCON, is seeking an Order of the Honourable Court for a Post No Debit (PND) over any funds in any account linked to the BVN belonging to the ABG Communications and Engineer Mohammed Bawa Garba the 2nd and the 3rd defendants/respondents respectively pending the determination/disposal of the proceedings for the recovery of the debt.
Barrister Salisu further sought an order directing the banks to file an affidavit before the court disclosing any amount in the name of the respondents/defendants and standing to their credit and any sum therein as of the date of service of the order of the court on the banks.
Meanwhile, the presiding judge, Justice Mohammed Umar, after hearing and reading the affidavit in support of 26 paragraphs and four exhibits deposed by one Aminu Sada, therefore, granted the order of Post No Debit on all accounts linked to the Alhaji Bawa Garba with the banks pending the determination/disposal of the proceedings for the recovery of debt made up of the principal debt and accrued interest against the defendants pursuant to section 50 of the AMCON Act, 2019 (as amended.
The court also granted the order by the applicant seeking the said banks to file an affidavit before the court disclosing any amount in the name of the respondents/defendants and standing to their credits and any sum therein as of the date of service of the order of the court on the banks.
The judge then adjourned the case until May 10, 2022 for hearing.