BVN freeze order: NGO challenges FG’s request for permanent forfeiture

Andrew Orolua, Abuja

Aggrieved by the government’s plan to secure order of forfeiture of all bank accounts without Bank Verification Numbers (BVN), the Incorporated Trustees of Total Support for Rule of Law and Justice Initiative has asked the Federal High Court Abuja to join it as defendant in the suit against 19 commercial banks in the country.

The Federal Government through the Attorney General of the Federation and Minister of Justice had two weeks ago obtained an interim order freezing bank accounts in 19 commercial banks in the country without BVN.

And there the government is planning to apply for order of permanent forfeiture as it intend to block the accounts beyond period allowed by an ex-parte order.

The government in the suit marked FHC/ABJ/CS/911/2017, beside the commercial banks had joined the Central Bank of Nigeria as the 20th defendant.

In a motion filed by Chukwudi Igwe Esq behalf of the Incorporated Trustees of Total Support for Rule of Law and Justice Initiative is praying the court to it as one of the defendants.

A 28-paragraph affidavit dated October 27, deposed to by one Agnes Peter, attached to the application said it is aware that the FG and AGF plan to obtain from the court, an order of permanent forfeiture of all deposits in all accounts with the 19 commercial banks without Bank Verification Numbers (BVN).

The applicant said that making it a defendant will enable it defend the interest of some Nigerians who may have not obtained their BVN based on some prevailing reasons beyond their control.

The group stated that if the permanent forfeiture order is allowed, it would affect accounts that were opened by persons who are deceased and would not appear in court to show cause why the proceeds in the account would not be permanently forfeited to the federal government.

Other persons that may be affected by the order according to the group are those who may not have the finances to appear before the court for purpose of showing cause why the proceeds in the account would not be permanently forfeited to the federal government.

“The other persons who may be serving prison terms in Nigeria and outside Nigeria on charges not bordering on financial crimes, those lying down in hospital beds, those mentally ill, Nigerians living abroad, those in coma and many others might not have the chance to be in court, the group said.

The applicant also stated that it would be difficult and impracticable to identify and isolate the account numbers of account holders with the disabilities or handicaps, under imprisonment or other challenges highlighted above.

The group said its responsibility is to ensure that the rights of the indigent and other Nigerians are protected in accordance with the extant laws of Nigeria.

Justice Nnamdi Dimgba of the Federal High Court, Abuja had on 17th October, 2017 directed 19 money deposit or commercial banks in the country to, amongst other directives, freeze and disclose accounts and funds without BVN.

The directive was based on an ex-parte application brought by the Hon. Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami SAN.

The 19 banks were given 14 days from the date of the ex parte order to show cause why funds in the non-BVN compliant accounts should not be permanently forfeited to the public (government).