The chairman, Maize Growers Processors and Marketers Association of Nigeria (MAGPAMAN), Chief Ebere Oji Odi and Ecobank Nigeria limited have appealed the verdict of Ebonyi State High Court, sitting in Abakaliki over the Federal Government Anchor Borrowers scheme.
The appellate in the suit filed at the court of appeal, Enugu are seeking the setting aside the judgment of the lower court granting one Nzubechi Okoro’s claims in its entirety on the ground that it is against the weight of evidence.
An Ebonyi State High Court, sitting in Abakaliki had ordered the Executive Chairman of MAGPAMAN Ebonyi State office and EcoBank to pay N10 million damages in favour of Okoro for using his bank details to obtain loan facility without his consent.
Okoro, a Delta State-based businessman from Ebonyi State had dragged Eco Bank (1st defendant), Odii (2nd defendant), Nwabueze (3rd defendant) and MAGPAMAN (4th defendant) to court after his Bank Verification Number (BVN) was blacklisted by the Central Bank of Nigeria over a loan that he purportedly took from the Anchor Borrowers’ Scheme of the Federal Government.
The trial judge, Justice Chris Eze, declared that defendants shall jointly and severally pay to the plaintiff, the sum of N10 million only as general damages for the financial loss, embarrassment, emotional and psychological trauma and pain suffered by the plaintiff, following the blacklisting of his (the plaintiff) BVN by the CBN as a result of the unlawful and fraudulent use of his bank details and BVN by the 2nd to 4th defendants to obtain a loan facility from the 1st defendant and connivance of all the defendants to carry out their unlawful acts.
Dissatisfied with judgement, Ecobank and Odii approached the court of appeal, challenging the decision of Justice Eze.
Ecobank argued that the trial Court was in error when it failed to properly evaluate the pieces of evidence before it in order to come to a just and conclusive decision and thereby occasioned a miscarriage of justice.
The bank further argued that the lower court failed to consider and evaluate the evidence of the Appellant that the Central Bank of Nigeria gave the list and directed the Appellant to open account under anchor borrowers programme.
Also Odi in his appeal through his counsel, J.N. Unah argued that the court below erred in law when it denied the 2nd defendant fair hearing by not allowing him file reply on point of law consequently no reference was made by the trial judge to any reply on point of law.
Odi explained that he was not the person who registered Mr. Okoro as a member of MAGPAMAN and his not the person who Okoro supplied his BVN and personal information to, but he only inherited the list of members approved for participation in the 2020 Anchor Borrowers Programme in which Okoro name was listed.
He stated: “I have been a businessman with special focus on Agricultural businesses. I have never cheated anyone and will never cheat anyone. My commitment and sincere delivery in Agribusiness, products and services is what led to my appointment as Chairman of Ebonyi State Chapter of MAGPAMAN even though I was not a founding member of the association. Our good efforts during the cluster farming program led to so many people coming to register as MAGPAMAN members to the point that we currently have about 13,000 members in our register. It was just unfortunate that the yield during the 2020 farming season was not good.
“However, as a leader in Ebonyi State Chapter of MAGPAMAN, I have continued to encourage members to always show commitment in maize farming and work towards contributing our quota to satisfying the maize need of our dear nation, Nigeria.”
