Posted by 9jabook.com on December 7, 2009 at 7:33pm
Yejide Gbenga-Ogundare and Omankhanlen Odidison report the plight of a bank customer who alleged that fraudsters stole money from his account with Automated Teller Machine while the bank claimed innocence.
advertisement
THE increasing cases of fraud perpetrated through automated Teller Machine (ATM) have been causing sleepless nights to virtually all security outfits in Nigeria, bank executives, and especially ordinary Nigerians, operating accounts in various banks.
All efforts towards eradicating this crime by banks and security personnel in the country have proved abortive while the problem has defied all solutions proffered by professionals. As a result, ATM fraud continues to thrive in the country.
Another disturbing aspect of ATM fraud is the allegation that it could not be possible without the connivance of insiders in the banks, but the link has so far not been authenticated. Also, many syndicates said to have been apprehended by security operatives never paid back what they stole.
Many victims have, as a result of this, taken ATM fraud as personal issue to be resolved by individuals involved in the way they deem fit.
Akintayo Afolabi Akinbode is one of those victims who had decided to take legal action as a means of recouping his stolen money. What was his solution? He decided to go to court, based on his belief that the bank cannot claim innocence of the fraud perpetrated on his account which he operates in one of its branches in the state.
Meanwhile, the lingering altercation between Mr. Akintayo Afolabi Akinbode and Sterling Bank over the unauthorized withdrawals from his account via ATM, has continued unabated with the bank keeping mum.
Efforts by the Nigerian Tribune to get the bank’s officials to react to this development proved abortive as they refused to comment.
Narrating his ordeal to the Nigerian Tribune in Lagos, Akintayo said, a total sum of N1,630, 300.00, was withdrawn from his account No – 226/20449/110 domiciled in Ikoyi branch of the bank between 18th May and 26th June this year, without his knowledge or notice, stating that efforts to get the bank to redress the anomaly proved abortive.
According to him, he operated two accounts at the Ikoyi branch of the bank and was last year issued two ATM cards, though he did not request for any, stating that when he tried to activate the cards, the activation process failed, and he immediately notified the bank.
He said that since the cards could not be activated last year, he had neither reactivated nor used it to make withdrawals from his accounts.
He further explained that any withdrawal of money that were in excess of N100, 000 from his account were always confirmed through a phone call to him or his wife by one Mrs. Sherifat Adediwin, through mobile phone number 08025019938 or 01- 7301077 before such payments were made. He is still wondering how the said amount was withdrawn from his account without his knowledge.
Akintayo, who is already in court, had filed a writ of summons against his bank, Sterling Bank Plc, at the High Court of Lagos State through his counsel, Olaleke Akinloye Esq. to demand for some declarations and orders.
He is asking for a declaration of the court that the alleged activation of the ATM card by his bank without his knowledge or notice is illegal; a declaration that all the alleged withdrawals made with the said ATM card between 18th May 2009 and 26th June 2009, without his notice, were illegal; and a declaration that the bank owed him care, by virtue of customer/bank relationship. The bank, he said, had breached the said care by allowing and permitting the usage of an ATM card for withdrawals of his money without his knowledge.
Also, he is asking for an order mandating the bank to refund N1, 630, 300, being the total sum of money withdrawn from his account, with 10 per cent interest per month, beginning from 26th June until the money is fully refunded. He is also asking for the sum of N5,000,000 as damages, and N500, 000 as cost of legal action.
Akintayo said following the discovery of the unauthorised withdrawals with the ATM card on 26th June this year, he immediately notified his bank that the said ATM card be hot-listed or deactivated, and further transactions on the account be suspended, and immediate commencement of investigations to unravel the masterminds of the said withdrawals be conducted.
He, however, claimed that the bank refused to honour his instruction concerning his account. As a result, after the day, a total sum of N75, 000 was still withdrawn from his account with an ATM card.
The bank, on their part, decided to write back to Akintayo, denying liability for the unauthorised withdrawals.
In his final resolve, Akintayo, through his counsel, claimed that the almost daily withdrawals from his account with ATM, without notifying him, was planned, hatched and executed by his bank, or in collusion with other persons
Comments